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Romania

https://www.idea.int/democracytracker/

December 2024

European court finds rights violation in online harassment case

The European Court on Human Rights (ECHR) found that Romania’s legal framework failed to protect a woman from online harassment when her ex-partner published intimate pictures online without her consent in 2016. The ECHR also ruled that the criminal investigation by Romanian authorities into the allegations had been ineffective, and failed to protect her from potential further abuse and to secure required evidence. In 2018, the woman complained to the Prosecutor’s Office that a police officer had sought to persuade her to withdraw her complaint. Romanian authorities argued that the relevant provision of the Criminal Code on the invasion of privacy could not be applied as she had sent the photographs to her partner willingly. The ECHR ruled that there had been a violation of the woman’s right to respect for private and family life, and issued a small fine. In 2023, legislation entered into force in Romania to protect victims of “revenge pornography.”

Sources: European Court of Human Rights, Balkan Insight, ProTV

Romania joins the Schengen area

On 12 December, the European Council confirmed Romania’s full admission to the Schengen visa-free travel area, effective 1 January 2025, ending most border controls for intra-Schengen travel. This is expected to facilitate foreign travel for Bulgarian citizens and enhance travel, trade and tourism. In March 2024, Romania was partially admitted to the Schengen area when internal air and sea border controls were lifted. The European Commission first confirmed that Romania had met the technical criteria for Schengen membership in 2011, but its accession was long opposed by Austria over concerns about irregular migration and security. A 2022 EU fact finding mission reconfirmed Romania’s readiness for accession, and lauded steps taken to strengthen the governance of its external border systems based on a national strategy for integrated border management. The mission report also highlighted strong international cooperation with neighbouring countries and with Frontex, Europol and other EU authorities, as well as anti-corruption measures within law enforcement.

Sources: European Council (1), European Council (2), Balkan Insight, RFE/RL, DW, International IDEA

Governing party wins parliamentary elections, as far-right makes gains
Election flag

The ruling Social Democratic Party (PSD) won parliamentary elections held on 1 December, in which the 331 seats in the Chamber of Deputies (the lower parliamentary house), and the 136 seats in the Senate (the upper house) were up for election. PSD won the largest vote share in both chambers but fell short of a majority, securing 86 seats (22.0 per cent of the vote) in the Chamber of Deputies. The far-right Alliance for the Unity of Romanians (AUR) party came second with 63 seats (18.0 per cent) in the lower house, followed by the National Liberal Party (PNL), a junior partner in the outgoing ruling coalition, with 49 seats (13.2 per cent). A total of seven parties will be represented in the new legislature. Voter turnout reached 52.0 per cent, the highest of any parliamentary election since 2004. Women legislators will make up 22.4 per cent of the Chamber of the Deputies (up from 19.2 per cent before the election), and 20.3 per cent in the Senate (up from 17.8 per cent).

Sources: Permanent Electoral Authority, Robert Schuman Foundation, International IDEA, Romania Insider, IPU (1)IPU (2)

November 2024

Constitutional Court annuls presidential election

On 6 December, the Constitutional Court annulled the first round of the presidential election, held on 24 November, in an unprecedented decision, citing “multiple irregularities,” including violations of campaign finance regulations and lack of equal opportunities for candidates.  On 2 December, the Constitutional Court confirmed the results of the election following a recount in view of legal challenges brought by Presidential candidate Cristian Vasile Terheș. However, the Court then reversed the decision, announcing the annulment amid ongoing voting in the run-off in the diaspora, and following statements by the Supreme Council for National Defense (CSAT) that cited evidence of cyberattacks and Russian efforts to influence Romanian social cohesion. CSAT also criticized TikTok for promoting campaign content without proper labelling, violating electoral law. On 29 November, the European Commission ordered TikTok to report on its management of information manipulation risks under the EU’s Digital Services Act. As a next step, the government will establish a timeline for a new presidential election, expected in spring 2025. 

Sources: European Commission, Digi24, Foreign Policy, Constitutional Court, Supreme Council for National Defense (CSAT), RFERL, The Conversation 

October 2024

EU court delivers landmark ruling on legal gender recognition

On 4 October, the European Court of Justice (ECJ) ruled that Romania violated the rights of a British-Romanian citizen, particularly the principles of non-discrimination and freedom of movement, as it failed to recognize a change to their legal gender effected in the United Kingdom in 2020. Romanian authorities refused to issue new identity documents reflecting this change, instead referring the citizen to a Bucharest Court to initiate a new legal process. The ECJ determined that requiring a new procedure in another EU member state to change the gender identity was unjustified. This ruling establishes an important precedent for the mutual recognition of legal gender recognition across the EU, and it highlights the importance of legal gender recognition to transgender individuals’ ability to travel, work, or vote freely across the EU. 

Sources: Euronews, ILGA-Europe, InfoCuria, RFE/RL, Court of Justice of the European Union 

July 2023

Care home abuse scandal leads to resignations

Revelations of severe abuses at care homes for the elderly and disabled have led to resignations in Prime Minister Marcel Ciolacu’s one-month old government, including Minister of Labour and Social Protection, Marius Budai, and Minister for Family Affairs, Gabriela Firea. Prosecutors have indicted 26 suspects for human trafficking, fraud and organized crime in a scheme to illegally collect the benefits of the elderly and infirm, pocketing the funds instead of using them for their care. Acting on reports from NGOs and neighbours who had seen residents begging for food, authorities raided three nursing homes near Bucharest, uncovering inhumane treatment, physical abuse, and deprivation of food and medical care. Subsequent nationwide controls of over 1,000 care homes led to the closure of 13 homes, and the suspension of a further 43. Investigative journalists have shown that the government and state agencies had long been warned about the mistreatment and delayed action.

Sources: DW, RFERL (1), RFERL (2), Euractiv (1), Euractiv (2), Reuters, DIGI24

EU court overturns Constitutional Court rulings dismissing corruption cases

The Court of Justice of the EU (ECJ) found that decisions by the Romanian Constitutional Court which led to the closure of thousands of corruption cases in 2022 violate EU law by creating a “systemic risk of impunity” for fraud. In 2018, the Constitutional Court removed the legal grounds for “interrupting” the statute of limitations, and legislators were slow to pass amendments to fill the gap. As a result, the more lenient interpretation of the law (which allowed the statute of limitations on fraud cases to expire) was applied retroactively for the period 2018-2022. This led to the termination of criminal proceedings pending before Romanian prosecutors and criminal courts, considering that defendants were no longer criminally liable, including for high-level corruption cases. The ECJ decision finds that Romanian national courts should “disapply” the decision to use the more lenient interpretation for this 4-year period of legal ambiguity.

Sources: Reuters, Romania Insider, Mondaq, Digi24 (1), Digi24 (2), Digi24 (3), Romania Journal, Court of Justice of the EU

Parliament votes to tighten sexual consent laws

Parliament approved amendments to the criminal code, pertaining to Article 221 on sexual corruption of minors, which increases the age at which minors can give sexual consent from 14 to 16. The amendments separately criminalise the rape of a minor, punishable by imprisonment of between 7 to 12 years, and expand the scope of sexual crimes against minors, including messaging underage children with the intent to engage in sexual acts. The amendments take into account the vulnerability of the victim, according to economic or social situation. The changes were introduced further to calls from human rights and anti-human trafficking NGOs to raise the sexual consent age limit. In March, 35 domestic and international NGOs called for the European Commission to activate an infringement procedure against Romania for violations of the protection of minors.

Sources: Council of Europe, Romania Insider (1), Romania Insider (2), Euractiv, Digi24 (1), Digi24 (2)

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Global ranking per category of democratic performance in 2023

Chevron
Representation
44/173
Rights
53/173
Rule of Law
60/173
Participation
122/173

Basic Information

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Population Tooltip
19 115 150
System of government
Semi-Presidential system
Head of government
Prime Minister Marcel Ciolacu (since 2023)
Head of government party
Social Democratic Party (SPD)
Electoral system for lower or single chamber
List Proportional Representation
Women in lower or single chamber
19.2%
Women in upper chamber
17.8%
Last legislative election
2020
Effective number of political parties Tooltip
5.36
Head of state
President Klaus Iohannis
Selection process for head of state
Direct election (two-round majority)
Latest Universal Periodic Review (UPR) date
02/05/2023
Latest Universal Periodic Review (UPR) percentage of recommendations supported
82.86%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
Signatory
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
State Party
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms
State Party
in
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Performance by category over the last 6 months

Representation neutral Representation
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Representation neutral Rule of law
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Representation neutral Participation
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Global State of Democracy Indices

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Explore the indices
Representation
Representation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
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high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4

Factors of Democratic Performance Over Time

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