The Commission calls on Romania for stronger guarantees for the independence of senior prosecutors and the judicial police.

The report on the rule of law states that Romania has not amended legislation to better protect the leadership of the prosecutor's offices from political influence and to clarify the organization of the police officers working in criminal investigations under the coordination of prosecutors. The Commission calls for the resumption of reform, after the broader debate on the judicial system was suspended following a decision by the High Court of Cassation and Justice.

Romania has made no progress in adopting additional guarantees for the independence of senior prosecutors nor in reforming the way the judicial police is organized, according to the European Commission's report on the rule of law from 2026. The European executive calls for the resumption of legislative work in an area that influences who leads the major prosecutor's offices and under what conditions prosecutors can coordinate police officers who gather evidence in criminal cases.

In short

The Commission finds that Romania has not adopted new legislative guarantees for the independence of prosecutors in leadership positions nor new rules regarding the organization and functioning of the judicial police.

Senior prosecutors lead important structures of the Public Ministry and can influence the administrative and operational priorities of the prosecutor's offices. The requested guarantees aim to ensure that the appointment, exercise of mandate, and possible dismissal are protected from unjustified political influence.

The judicial police is made up of police officers who carry out criminal investigation activities under the leadership and supervision of prosecutors. The Commission believes that the institutional relationship, responsibilities, and necessary guarantees for their activity must be strengthened by law.

The assessment also shows that the application of the Justice Laws has improved the general framework for the independence and functioning of the judicial system, but the analysis of some unresolved issues was suspended following a decision by the High Court of Cassation and Justice.

The Commission calls on Romania to continue the evaluation of the Justice Laws by consulting judges and other interested parties and to separately resume the reform regarding senior prosecutors and the judicial police.

The report published by the European Commission separates two findings regarding the justice reform in Romania. The first is that the Justice Laws continue to be applied and have contributed to improving the legislative framework for independence and functioning of the system. The second is that issues regarding the leadership of prosecutor's offices and the judicial police remain without legislative response, although they were already among the recommendations addressed to the Romanian authorities.

The Commission indicates that a broader analysis of some controversial aspects of the judicial system has been put on hold following a decision by the High Court of Cassation and Justice. Under these conditions, the European executive recommends that the evaluation of how the Justice Laws function should be resumed in close consultation with judges, professional organizations, and other interested parties, including to improve the efficiency and governance of the system.

The finding regarding senior prosecutors refers to leadership positions in the Public Ministry and specialized prosecutor's offices. These positions have a direct importance for the administration of prosecutor's offices, allocation of resources, setting institutional priorities, and organizing criminal investigation activities, even though solutions in individual cases must be adopted by prosecutors based on the law and evidence.

The report does not state that prosecutors appointed to these positions have acted on political orders nor does it contest the selections made by Romania. The Commission finds that the legislation has not been further strengthened to address previously raised concerns regarding the independence of leadership positions.

During the analyzed period, a selection procedure took place that led to the appointment of several senior prosecutors. However, the Commission states that no new legislative measures have been adopted to strengthen the guarantees applicable to these positions. The difference is between carrying out a procedure within the existing rules and modifying the rules so that institutional protection is stronger in the long term.

Guarantees may concern the selection procedure, the role of participating institutions, transparency of criteria, motivation of decisions, stability of mandate, and the conditions under which a prosecutor in charge of a prosecutor's office can be dismissed. The report published by the Commission does not prescribe a unique model for Romania nor does it present the exact text of the amendments that need to be adopted, leaving national authorities the choice of legal solution.

The second issue concerns the judicial police. This is not a completely separate institution from the Romanian Police, but designates police officers authorized to carry out criminal investigation activities, such as interviewing individuals, collecting documents, conducting checks, and executing measures ordered in investigations.

In criminal cases, these police officers work under the leadership and supervision of the prosecutor, but their career, resources, and administration remain linked to police structures. This dual relationship makes the rules regarding their selection, designation, evaluation, and accountability, as well as the delineation of the prosecutor's authority from that of the administrative leadership of the police, important.

The Commission does not assert that the activity of the judicial police is overall dysfunctional. The recommendation concerns the lack of legislative progress in its organization and functioning and the need for guarantees that allow investigations to be conducted without unjustified administrative or political interference.

The European executive calls on Romania to intensify legislative work both to protect the independence of senior prosecutors and to organize the judicial police. The two elements appear in the same recommendation because the independence of prosecutor's offices also depends on the ability of prosecutors to effectively lead the work of the staff that gathers evidence and executes criminal prosecution acts.

The report also includes more favorable findings about the functioning of the courts. The degree of occupation of magistrate positions increased in 2025, measures were adopted to reduce the staff deficit, and the estimated time for resolving civil, commercial, and administrative cases has significantly decreased. Digitalization remains one of the declared priorities of the Government, although the legal aid system continues to be underfunded.

The Commission mentions, however, that some judges continue to feel unjustified pressures from within the judicial system. The report also records situations in which judges were recused after intending to send questions to European courts, without presenting in the published summary all the circumstances of these cases.

The assessment does not trigger a legal procedure against Romania by itself and does not set a mandatory deadline for adopting the reform. The recommendation will be followed up in the next cycle, when the Commission will check whether legislative amendments have been prepared and adopted and whether they effectively address concerns regarding the independence of prosecutor's offices and control over criminal prosecution activities.

The stakes are not limited to the internal architecture of the judicial system. The leadership of prosecutor's offices and the judicial police are involved in investigations regarding corruption, organized crime, fraud, economic crimes, and attacks on the financial interests of the European Union. Clarity of responsibilities and protection against external influences affect the ability of investigations to advance and the credibility of decisions made.

The Commission does not call for the annulment of the Justice Laws nor for the complete replacement of the current system. The recommendation aims to continue the evaluation of reforms already implemented and to correct areas where guarantees are considered insufficient, focusing on leadership functions in the Public Ministry and on the operational relationship between prosecutors and judicial police officers.

https://2eu.brussels/ro/news/comisia-cere-romaniei-garantii-mai-puternice-pentru-independenta-procurorilor-de-rang-inalt-si-a-politiei-judiciare