The Romanian Chamber of Deputies adopted on July 4 a series of controversial changes to the criminal code, including a redefinition of abuse of office which would partly decriminalise the offence. The vote sparked protests in Bucharest, which erupted into clashes between demonstrators and police. 

The adopted changes have been harshly criticised by magistrates, the president, the EC and Romania’s international partners, who have pointed out they may weaken the rule of law or the country’s ability to fight crime or corruption. President Klaus Iohannis reacted briefly, calling the changes pointless and damaging, and said he would challenge them through the constitutional court. 

Despite criticism and mass protests organised in the country, changing criminal legislation has been the focus of the ruling Social Democratic Party (PSD) since taking power, The party leader and speaker of the Chamber of Deputies, Liviu Dragnea, was recently sentenced to three years and six month imprisonment for instigation to abuse of office. His sentence is not final.

Dragnea would be one of the beneficiaries of the new legislation.  According to the changes adopted by the parliament, the abuse of office offence would be applicable only to public officials whose actions bring benefits to themselves or their close relatives. Dragnea’s case concerns two people paid by the Teleorman county council that he headed at the time, who were actually employed on PSD business. The PSD leader would thus evade justice under the new definition considering the benefit in his case was not directed to himself or one of his close relatives, but his party,

According to the changed legislation, abuse of office would be considered an offence if the damage caused exceeds the minimum wage in the country. Also, the sentence for abuse of office would be cut from the current two to seven year imprisonment to two to five years. 

Protests turn violent

Following the vote, around 3,000 people protested in Bucharest’s Victory Square, chanting slogans against the PSD and Dragnea. The protesters occupied a few of the streets surrounding the square, while the interior ministry deployed an impressive number of personnel in the area.

The protest turned violent after some protesters tried to break the line of gendarmes in order to occupy the street in front of the government. The protesters threw water bottles, while the riot police used tear gas to dissipate the crowd. According to news.ro, the police detained four protesters, while two of the riot police members were injured.

As usual, the protesters carried Romanian, EU and US flags at the rally and chanted slogans such as “PSD, the red plague,” “Resignation,” “Down with Dragnea,” and “How greedy you can be, you stole from children,” a reference to the fact that Dragnea’s case concerned damage to the child protection institution.

“The fact that we are coming here is some sort of civic hygiene,” a protester told bne IntelliNews. “They have gone too far this time, they are forcing us to leave our own country,” another protester said.

Protests were reported in other cities of the country. A video posted on Facebook by Transilvania 365 showed a few protesters continuously crossing a street in Brasov, thus blocking traffic in the area.

Local media reported that protests were also organised in Cluj Napoca, Sibiu and Iasi.

Cases to be closed 

The National Anticorruption Directorate (DNA), which has indicted a series of high officials, many of them on abuse of office charges, warned earlier this week that the changes would lead to the closing of many cases. “For example, in 2017, the DNA sent to trial defendants for 215 offences of abuse of office against public interests. From the preliminary analysis of these case, carried out so far, no case has been identified in which the author pursued a personal interest,” the DNA said on July 2.

Iohannis harshly criticised the legislation and the way it was adopted. “It is simply unacceptable the way the PSD transformed parliamentary procedures and what happens in parliament. What is happening these days could be called the majority’s dictatorship and is profoundly damaging to democracy,” he said.

Both chambers of the parliament were summoned to an extraordinary session to adopt the legislation, after the legislative session ended at the end of June. The changes have moved swiftly through the parliament in recent days. They were approved by a parliamentary committee on July 2, then the other chamber of the parliament, the Senate, gave a favourable vote to the changes the following day. 

The changes to the criminal code were approved in the Chamber of Deputies with 167 votes in favour and 97 against. The ruling coalition, made up of the PSD and Alde, needed at least 165 votes to pass the legislation. The two parties received support from minorities representatives and a MP from the party of former President Traian Basescu. MPs from the Democratic Alliance of Hungarians in Romania (UDMR) abstained from voting, according to Hotnews.ro.

The European Commission reacted following the adoption of the changes to the criminal code saying it will examine the final texts of the legislation for its compatibility with EU legislation.

“We take note that the criminal code reform has been passed by the Romanian parliament. We will examine the final texts of the legislation for its compatibility with relevant EU law in the field of criminal justice and police cooperation and international standards. As the guardian of treaties we will not hesitate to take action where necessary to ensure such compatibility,” the EC spokesman for rule of law, Christian Wigand, said.