Yesterday a
referendum was held in Romania to try to oust center-right President Traian
Basescu, organized by his rival, the center-left Prime Minister, Victor Ponta.
It failed only because it was unable to attract 50% of the voters but 80% of
those who did vote were in favor of recall, at least in part because of unhappiness
of the dire economic situation in Romania which has seen tax increases, a
currency losing value against the Euro, and a 2009 bailout by the IMF with
heavy conditionality.
The political turmoil
has in turn exacerbated the economic situation since the
uncertainty over governance has frightened international and domestic investors
in a country where investments depend on the backing of the state. More important, however, is the way in which politics are being conducted. The political
machinations that have undermined the Constitutional Court, intimidated the
judiciary, and led to emergency decrees to place the recall on the ballot, have
called into question the rule of law in Romania.
In a scathing report
by the EU published 10 days ago, the Commission noted:
"[T]his report is adopted at a time when
important questions are raised with regard to respect for rule of law and the
independence of the judiciary in Romania. Overall progress [in terms of
judicial reform and anti-corruption] has to be assessed in the context of a
wider social recognition of key principles such as the rule of law, and the
independence of the judicial process as part of the checks and balances of a
well-functioning democracy. A well functioning, independent judicial system,
and respect for democratic institutions are indispensible for mutual trust
within the European Union, and for gaining the confidence of citizens and
investors.
The Commission considers that recent steps
by the Romanian Government raise serious concerns about the respect of these
fundamental principles. These steps took place in an overly polarised political
system where mistrust between political entities and accusations are a common
pattern; however this political context cannot explain the systematic nature of
several actions. While certain actions may be partly explained by this
political polarisation, they raised serious doubts about the commitment to the
respect of the rule of law or the understanding of the meaning of the rule of
law in a pluralist democratic system… The Commission is in particular extremely
concerned by the indications of manipulations and pressure which affect
institutions, members of the judiciary, and eventually have a serious impact on
society as a whole. [T]he current controversies pose a serious threat to the
progress achieved so far and raise serious questions as to the future of the
reforms already launched."
Romania is the second country (after Hungary) where alarm bells have gone off about a recent entrant's commitment to democratic principles that in theory are part of the admission price to the EU club. Calls for increased monitoring and report writing by Brussels only serve to highlight the fact that as with EMU, the EU lacks any real mechanisms for persuading countries to follow the rules of a club to which they were admitted prematurely in the first place.