THE CHALLENGES OF EXTERNAL DRIVEN REFORMS Cristian Ghinea Laura Stefan Brussels, November 2011 THE CHALLENGES OF EXTERNAL DRIVEN REFORMS Cristian Ghinea Laura Stefan Brussels, November 2011

2 -Anticorruption and reform of the judiciary policies in 7 countries: Bulgaria, Romania, Croatia, Serbia, Macedonia, Moldova, Ukraine -Not a snapshot but a historic overview of developments in these countries -Instruments: desk-research and interviews 23/01/ Methodology

3 -Specialized anticorruption institutions -Immunities -Confiscation -Declarations of assets and interests -Judicial independence and accountability 23/01/ Areas for analysis

4 -Specialization is a trend in old member states also -Prosecution – Romania, Croatia, Macedonia, Serbia, and Moldova -Police - Romania, Croatia, Macedonia, and Moldova -Prevention and policy - Bulgaria, Romania, Moldova, Croatia, Macedonia, and Serbia 23/01/ Findings - Specialized anticorruption institutions

5 -From a freedom of speech immunity to a mechanism to block criminal investigations -Immunity becomes relevant once high-level investigations commence -European Commission reccomendation - functional immunity -Procedures are old and often bodies which should lift immunities act as a parallel justice system 23/01/ Findings - Immunities

6 -Reliable statistics are lacking in most countries, as confiscation is not a central element of the combatting policy -Framework decision on extended confiscation could improve obsolete legal systems on confiscation -Challenges – constitutional and in the mindset of those who should apply the new provisions 23/01/ Findings - Confiscation

7 -Most countries have introduced these systems in an attempt to spot unjustified enrichment and conflict of interests -Transparency is key -Control mechanisms able to generate dissuasive sanctions are difficult to introduce 23/01/ Findings – Declarations of assets and interests

8 -Expectations were higher than the results -Independence was seen as more important than accountability -Independence was given before any lustration of the judiciary -Importance of balancing appointments to key positions in the judiciary 23/01/ Findings - Judiciary self-governing bodies

9 -EU positions on reform of the judiciary and anticorruption have evolved in time -There is limitted acquis in these areas -External pressure works, but internal support matters -Pre-accession period is the window of opportunity to implement difficult reforms 23/01/ Findings

10 -Judiciary and anticorruption should be put on the negociation table early in the process -Need to work more with politicians during the pre-accession period -Need to empower civil society to perform watch-dog activities through financing of projects which are “unfriendly” to the governments 23/01/ Findings

11 -Post-accession the willingness to reform decreases. CVM has counter-balanced these tendencies -Possible link with funds or Schengen -Possible application to Member States benefiting from financial aid -Recent efforts to set-up a monitoring mechanism within Member States will help in raising the standards 23/01/ Findings