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Judges join growing chorus of criticism of Commission report on #Romania : EU Reporter China

法官们对委员会关于#Romania的报道提出了越来越多的批评

| 二零一八年二月 | 0评论

By 欧盟记者通讯员

代表罗马尼亚大多数法官和检察官的一组专业协会在所谓的合作与核查机制(CVM)下攻击了欧盟委员会最近关于罗马尼亚的进展报告。

An open letter from the three organizations questions the accuracy of the commission’s monitoring report.

The four-page letter, seen by this website, says that “as magistrates we cannot turn a blind eye to the repeated presence of false affirmations� in the CVM report which deals with justice reform in the country.

The letter speaks of the need for judges and citizens to receive “accurate, exact, and rigorous recommendations� but says that the CVM on Romania is riddled with “errors, inaccuracies and truncated affirmations� which, it says, “can only inflict harm on the independence of justice.�

该信由罗马尼亚法官论坛(AMR),罗马尼亚全国法官联盟(UNJR)和罗马尼亚检察官协会(APR)签署,每个代表中欧国家的检察官和法官。

The judges’ letter is particularly timely as Romania recently took over the six-month rotating presidency of the EU at a time of huge challenges for the soon-to-be 27-strong bloc.

It has also been given added weight after Romanian Prime Minister Viorica Dăncilă, speaking recently in the European Parliament, demanded to know who contributed to, and was consulted with, the compilation of the report.

In a speech to MEPs, Dăncilă, a former Socialist MEP, went on the offensive to defend her government against criticism over corruption. She accused Western European leaders of double standards, saying, “Romania is not allowed what other countries are allowed to do.�

Yet more condemnation of the EU report has come from Romania’s Superior Council of the Magistrature, which oversees Romania’s court system.

在11月份发表的一份声明中,安理会为罗马尼亚政府提出的改革辩护,并指责CVM存在不准确和曲解的错误。

The council said it wanted to “highlight some factual or judgemental errors� related to its activities which, it said, “are likely to create a wrong perception�.

委员会在圣诞节前不久通过了CVM报告,这是罗马尼亚正在努力履行其司法改革和反腐败斗争的一系列文件中的最新一期。

The report takes stock of the situation in the 12 months since November 2017 and notes that “while Romania has taken some steps to implement the final 12 recommendations issued by the Commission in January 2017, in order to fulfil the CVM benchmarks, recent developments have reversed the course of progress and called into question the positive assessment made back in January 2017.�

The CVM goes on: “This applies notably to judicial independence, judicial reform and tackling high-level corruption.�

The report sets out a number of recommendations for “immediate follow up�.

然而,罗马尼亚的反应是诅咒。

The three judicial organizations, in the open letter to the EU, say they “would like to remind� the commission that they value the “independence of justice as a pillar of the rule of law.�

“Furthermore,� it goes on, “AMR, UNJR and APR have never stated that the CVM is optional nor that the recommendations included in the framework of these reports would not be effective.�

“On the contrary, AMR, UNJR and APR have repeatedly underlined that the CVM directly concerns the justice system and the recommendations should aim to consolidate the independence of justice.�

The professional associations stress the “importance for the premises on which recommendations are based on to be accurate, especially since it is aimed at the (justice) system and magistrates alike with significant effects on justice and, therefore, citizens.�

The letter, though, states, “As magistrates, we cannot turn a blind eye to the repeated presence of false affirmations in the CVM reports on which some of the (Commission’s) recommendations were made.�

The three bodies defend their right to highlight the issue in such a way because of the “necessity for magistrates, the justice system, institutions and citizens to receive accurate, exact and rigorous recommendations.�

The highly critical letter adds: “In recent years, our professional associations have argued that the means by which information was gathered for CVM reports gave way to errors, inaccuracies and truncated affirmations which can only inflict harm on the independence of justice.�

这些小组在信中提出了若干建议,以解决这一问题,包括打击腐败。

The letter says: “The CVM reports have mainly viewed progress made in the justice system through the lens of the fight against corruption with the wrong impression that these objectives – whose importance to society cannot be denied – would involve all or most of justice system activity.â€�

However, the letter says that the “place and role of courts were mostly forgotten�.

“When referring to the fight against high-level corruption, CVM reports have targeted the DNA (the Romanian anti-corruption agency) and sporadically High Court of Cassation and Justice (ICCJ), focusing on ‘DNA independence or effectiveness’.

“Courts of Appeal were seldom mentioned with reference to fighting high-level corruption and when fighting corruption on all levels was addressed the reports unjustifiably ignored the courts.�

The letter, which is addressed to all 28 EU justice and home affairs ministers, is signed by Forum of Romanian Judges president, Judge Andreea Ciucă; Judge Dana Gârbovan, president of the National Union of Judges in Romania and of Association of Romanian Prosecutors president Elena Iordache.

资源:: 欧盟记者饲料

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