Historic evolutions of the effects of the European Union political instruments in the Romanian legal order - effects of the mechanism for cooperation and verification

• Author: Emilian Ciongaru
• Position: University 'Bioterrra' from Bucharest; Associate researcher, Romanian
• Pages: 88-97

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 supportingRomania 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 6thInternational 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