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Jurnalul.ro Vechiul site Old site English Version Legal Statistics in Brussels

Legal Statistics in Brussels

de Adrian Năstase    |    23 Iul 2008   •   00:00

For several years, Romania has adopted a certain tacit system of Court and jury. I say a "certain system" because the jury does not judge the defendants, as in the Anglo-Saxon law, but justice itself.

For several years, Romania has adopted a certain tacit system of Court and jury. I say a "certain system" because the jury does not judge the defendants, as in the Anglo-Saxon law, but justice itself. The Magistrates continue "to do their job" in Romania. The Court with jury is in Brussels and, from time to time, votes on whether the Romanian judicial system is "guilty" or "not guilty".
The monitoring of a sensitive area in a country that has just acceded to a complex system as the European Union is a natural phenomenon and not the phenomenon I try to bring into question. However, I think the way things are actually going is interesting because, in reality, the Court with Jury that we are talking about is influenced by a lot of factors. Not only those that come to your mind right now. It is about time, indifference or truncated information, "absorbed" in a formal, quick and confusing manner.

There are two dimensions of the fight against corruption in our country. The first is internal. The innocence presumption, the content of the files, the nature of facts or the conduct of the proceedings do not matter here. It is the fact itself that matters. The beginning of the investigation is intensely presented in the media at first and it simply maculates. A few former ministers and government officials were surveyed for approximately two years, including periods in which some of them got arrested. The ministers resigned, their future careers, as young people, are questionable. Even though, in the end, the Prosecutors decided not to start the legal prosecution. How many such decisions would be required to wash an image affected by the presence in front of the doors of the DNA or DIICOT? Aren’t there Romanians who were left under the impression that there was something illegal in there?
The second dimension is external, where other rules and perspectives work. The most important statistics remain. How many such cases took place in a certain interval? How many pieces, how many kilos? How many big fish, how many small fish? What is the political situation in the political aquarium of Romania and who is fishing in it? What was the political or administrative position of the ones fished? They draw a line. They draw conclusions. The jury says its opinion. All the doubts or the humiliating conspiracies and broken destinies cannot be seen from far away.
The jury is of two kinds as well. Some are interested in this game and support one of the camps, as was the case of former Commissioner Frattini that we see now playing in Italy on the other side of the barricade. They have more information and know how to use the useful one for their camp. The others are indifferent. The statistic is sufficient. We voted. The next country?

This makes it impossible to find a mirror with somewhat clear waters to see how the legal reality in Romania looks like. The confusion in the country is perpetuated around the entire world. Who and why is sent to Court? For those who manage the operation it is very important for everything to remain confuse. The tendering process continues. Another open window towards the Ottoman Gate that some have found in Brussels. The statistic is the only one that remains important. However, there might be another problem to be solved: the independent functioning of Justice.

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