By Nikos Karoutzos
The enlargement of the E.U. in the past decades has undoubtedly contributed to the recovery of its geopolitical power. Today, however, the big question for the E.U. has to do with the gap that seems to separate its members, regarding the European acquis. Does the Rule of Law and legal Culture remain pointσ of reference and cohesive links for the great European family? The example of Romania gives a rather pessimistic answer.
A few days ago, the Israeli businessman Beny Steinmetz visited Cyprus. A European Arrest Warrant, issued by Romania, is the reason for his temporary detention. One of the many cases of cooperation between the Prosecuting Authorities one could assume. But the case of Steinmetz hides within it a deeper and much more essential issue, that of respect for rights and the quality of Justice, in some of the newer member countries of the EU.
On January 1, 2007, Romania joined the European Union. The expectations of the country’s residents are huge. A wave of enthusiasm covers the long-suffering former Socialist Republic from one end to the other. 16 years later, one of the main pillars of Democracy in the country, Justice still appears to be seriously ill.
Despite the tools and mechanisms that the E.U. has made available to Romania, corruption, as well as the dependence of Justice on economic and political interests, are the biggest and most resistant thorns for its substantial harmonization with the rest of Europe.
According to Transparency International’s 2020 index, Romania ranked among the top in corruption, while a year later, in May 2021, the Court of Justice of the European Union expressed its deep concern over a series of legal – ostensibly – reforms, which were essentially a regression, regarding the independence of the Judiciary, deviating significantly from European Law.
The conviction by the European Court of Human Rights
In July 2018, the Chief Prosecutor of the National Directorate against Corruption in Romania, Laura Codruța Kövesi, was dismissed, at the request of the – then – Minister of Justice. The reason was Kövesi’s public opposition to the legislation introduced by the Government of Romania, as they further weakened the independence of the Judiciary. The beating of Kövesi causes a wave of reactions, but also the concern of the International community, which monitors the brutal intervention of political power in the foundations of Justice.
In December 2018, Kövesi appealed to the European Court of Human Rights, claiming that her country violated her right to freedom of expression, as well as the right to a fair trial. On May 5, 2020, the Court unanimously decides that Romania brutally violated these fundamental rights. The strength with which she faced her persecutors helped her become the first female Head of the European Public Prosecutor’s Office.
A Factory, issuing European Warrants
In addition to being a “Mecca” of corruption and interest-dependent Justice, Romania also claims the title of “champion” in issuing European Arrest Warrants (EAWs). In one year alone, in 2019, it issued 1,373 European Arrest Warrants, second only to Poland. Of these, less than half (655) were executed, a fact indicative of the mistrust of the other member-states towards the court decisions and the prosecutions carried out in the country.
The Steinmetz case will soon be heard by the Cypriot judiciary, which can’t turn a blind eye both to the burdensome history of Romania, and to the abundance of decisions and evidence that demonstrate that Steinmetz has fallen victim to a judicial conspiracy with political motives. This is the conclusion reached by the relevant conclusion of Interpol, which decided to withdraw the Red Notice it had issued, canceling Romania’s request (it happens rarely). It is noted that Greece, by the decision of the competent court, not only refused to extradite Steinmetz, but underlined that Steinmetz was deprived of the right to a fair trial, as well as that there is a serious risk of discriminatory, inhuman, and degrading treatment, in case he is handed over to the Romanians Authorities. The decision of the Greek Justice was taken after a thorough investigation and numerous letters to the Romanian Authorities, which apparently sent insufficient and unconvincing answers. In the case of Italy, the Authorities took even more drastic measures against the Romanian Warrant. They canceled it in practice, informing the Romanians to remove even the relevant notification from the Italian notification system, so that there would be no limitation and disturbance in Steinmetz’s future visits in Italy.
The challenges that Europe faces are multiple and complex. They concern its political future, its social well-being and economic growth. However, the most important are those related to its consistency. The alignment and harmonization of its members with Europe’s principles and values and its legal culture, will be decisive for the next day. Let’s not forget that Steinmetz’s case is not a “childhood illness” of one of its members. It is an ongoing, structural threat to its foundations.
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