The Bucharest embassies of Belgium, Denmark, Finland, France, Germany, the Netherlands and Sweden have urged the Romanian government “to refrain from any action resulting in a weakening of the independence of the judiciary and the fight against corruption”.

The December 21 statement was made in reference to recently passed laws on justice and planned changes to the Criminal and Criminal Procedure codes. The changes have already been criticised by the European Commission, the US State Department and magistrates, and they have led to mass protests in the country. 

Recently President Klaus Iohannis warned that Romania could face similar sanctions to those slapped on Poland for its undermining of the rule of law. The European Commission triggered the so-called “nuclear option” against Warsaw — Article 7 of the EU’s Lisbon Treaty, which might lead to stripping Poland of its voting rights within the union — on December 20. 

However, amending the judicial laws has been one of the priorities of Romania’s ruling coalition since it took power nearly a year ago, and it has continued to push for change despite strong public opposition from the outset. The adoption of an emergency ordinance partly decriminalising abuse of office at the end of January led to mass protests, the largest seen since the fall of communism. The decree was later repealed but efforts to change the law, seen as attempts to help top officials avoid prosecution for corruption, have continued. 

“We recognise that Romania has made significant progress in building a track record and implementing credible judicial reforms over the last decade. Yet it is our belief that the recently passed laws on justice reform in their current form, as well as the latest draft amendments to the Criminal and Criminal Procedure Codes, risk jeopardising this progress,” the embassies said in a joint statement.

The embassies called on the actors involved in the judicial reform project to seek without delay the advice of the Venice Commission in order to ensure that the independence of the judiciary is preserved and the reform process in general remains intact.  

Romanian lawmakers adopted three controversial bills on the country’s justice system in December. The changes they would make include the setting up of a special unit to investigate judges and prosecutors, and stricter conditions for joining the National Anticorruption Directorate (DNA) and the Directorate for Investigating Organised Crime and Terrorism (DIICOT).

The laws will be sent to Iohannis for his endorsement. However, his powers are limited and the bills could eventually come into force in the form they have been passed by MPs.

Iohannis told journalists during an informal talk on December 20 that there was a risk that Romania could be sanctioned by the EU, like Poland, for interfering with the independence of the judiciary, according to News.ro.

Moreover, the president is considering organising a referendum on the topic. Iohannis announced in January — the day after he attended a massive anti-corruption protest in Bucharest — that he would start procedures for a referendum on the continuation of the anti-corruption fight. Unnamed sources close to the Romanian presidency told local media back in March that Iohannis has not given up plans to launch the referendum and will make the move if the ruling Social Democratic Party (PSD) tries again to weaken criminal law or attacks key institutions of the judiciary system.