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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. Methodology. 13/11/2014. Anticorruption and reform of the judiciary policies in 7 countries: Bulgaria, Romania, Croatia, Serbia, Macedonia, Moldova, Ukraine

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

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  1. THE CHALLENGES OF EXTERNAL DRIVEN REFORMS CristianGhinea Laura Stefan Brussels, November 2011

  2. Methodology 13/11/2014 • 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 2

  3. Areas for analysis 13/11/2014 • Specialized anticorruption institutions • Immunities • Confiscation • Declarations of assets and interests • Judicial independence and accountability 3

  4. Findings - Specialized anticorruption institutions 13/11/2014 • 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 4

  5. Findings - Immunities 13/11/2014 • 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 5

  6. Findings - Confiscation 13/11/2014 • 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 6

  7. Findings – Declarations of assets and interests 13/11/2014 • 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 7

  8. Findings - Judiciary self-governing bodies 13/11/2014 • 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 8

  9. Findings 13/11/2014 • 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 9

  10. Findings 13/11/2014 • 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 10

  11. Findings 13/11/2014 • 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 11

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