Historic evolutions of the effects of the European Union political
instruments in the Romanian legal order – effects of the mechanism for
cooperation and verification
1
Associate professor Emilian CIONGARU
2
Abstrac t
Since the accessio n of Roman ian to the Europ ean Union, many u nsolved prob lems
related to th e accoun tabilit y and e fficiency of the legal syste m and of the law enforcement
bodi es have been iden tified, a reason for which the European Commission justified t he
instit ution o f a Mechanism for Co operatio n and Verification as a pol itical inst rument for
the monit oring and op timization of the progresses made b y Roman ia to att ain c ertain
reference o bjectives spe cific to t he field o f reform o f the legal system an d the fight aga inst
corrupt ion. Thi s mechan ism has been insti tuted to improve the function ing o f the
legisl ative, administrati ve and leg al syste m and to repai r the serio us deficienc ies in t he
fight against corruption . The goa l of the mechanism for coo peration a nd verification was
and is to en sure the adopti on of tho se measures t hat may g uarantee the Roman ians an d
other member states t hat the administra tive and judiciary d ecisions, sta ndards an d
practi ces in Ro mania meet tho se of the European Union. The progre sses made in the field
of reform of the l egal system and t he fight against corru ption wil l allow Romani an citizens
and tra ding compan ies to enjoy thei r right s in qu ality of citizen s of the Euro pean Union.
Keywords: juridical system; juridical ord er; legislativ p rocedures; Mech anism for
Coop eration an d Verification ; safeguard clau se.
JEL Cla ssification: K33, K40
1. Introductory ele ments
Ever since Romania’s pre-accession period in 2007, and on the grounds of
the commitments undertaken during this period, the European Union bodies have
realised that additional sustainable efforts are needed in key-fields in order to solve
the deficiencies existing in the reform of the Judiciary and fighting corruption.
These realities have justified the appearance of a political and judicial framework
for supporting Romania in their accomplishment and also for monitoring the
progress recorded in these fields, and this mechanism was referred to as
1
This art icle w as submitt ed to 6th International Conference “Perspectives of Business Law in t he
Third M illennium”, 25 -26 November 2016, t he Bucharest University of Economic Studies,
Bucharest, Romania.
2
Emilian Ciongaru - University “ Bioterrra” from Bucharest; Associate researcher, Romanian
Academy – Institut e of Legal Research “Acad.Andrei Radulescu”, emil_ciongaru@yahoo.com