Calin Popescu Tariceanu : "We request you a vote of confidence in order to achieve a profound reform in the Romanian society. It is a reform meant to consolidate the pillars of strength for the rule of law: private property and the judiciary."
Address by the Prime Minister Calin Popescu Tariceanu on the occasion of presenting to the Parliament the draft law for the legal regulation of property and the judiciary reform
President of the Senate House ,
Speaker of the Chamber of Deputies,
Ministers,
Senators and Deputies ,
I am honored to come before you today. Undoubtedly, it is a special day! The Government assumes the responsibility for the draft law that will reform the regime of property and the Judiciary in Romania . As Prime Minister, I am proud to lead a team that promotes reforms that are genuine and indispensable to the rule of law. As Romanian, I regret that these reforms take place only after 15 years of delays and confusion. As citizen of Europe , I know that only if we achieve these reforms even now in the last moment Romania has real chances to become a full fledged member of the European Union on the 1st of January 2007 .
Senators and Deputies ,
Today, we make historic choices. Firstly, we have to choose between living in the past or rebuilding the present and, implicitly the future. As it is about the assumption of the Government's responsibility before the Parliament, we make this choice together, members of the Legislative and Executive, and we represent here all Romanians. This is the reason why, it is the day when we take a huge responsibility and we have to behave accordingly.
The past means a long series of abuses, injustices and humiliations aiming at the former owners; a corruption that gangrened the society; a judicial system that does not excel in the justice act, but in suspect complicities with individuals situated above law. Some got accustomed to this situation. For others, it is a profitable situation and according to them, it has to continue in this way. Others are sad and indignant.
Besides the personal options, the national interest of Romania tells us that things cannot run anymore in this manner. The rule of law is in danger and once with it the EU Accession and the Romanians' welfare. The abuses aiming at a category of citizens such as the owners represents the sad precedent that allows abuses that aim at other Romanians. An inefficient judiciary blocked by various political and group interests is the main factor that turns the corruption from a marginal phenomenon into an endemic one.
This past condemns us to isolation. Romania could never become an EU member state with such a past. The abuses and corruption have to cease to be for Romania the skeleton hidden in the wardrobe. We do not have to hide them in order to project a clean image before our European partners; we have to clean up and to give them up.
The property and judiciary reform is the solution!
This is the reason why, today I say that we do not make an abstract choice between past and future. We choose between the isolation at the outskirts and the European integration. We choose between the stagnation that results from ambiguity and the progress that comes from real reform. We choose between having no chance and having all chances by our side.
The law for which the Government assumes today the responsibility is, par excellence the Law of European Reform in Romania . It is a law that allows Romania to become a full fledged member of the European Union on the 1st of January 2007 . A law for a modern Romania !
Ladies and gentlemen ,
If we give up at this past, the legitimate question is: what can we put in its place to rebuild the present and the future? The proposal of the Government that I am leading is to create a fair and stable regime of property, as well as a European judiciary. What this really stands for emerges from the very substance of the draft law that I am going to present now in a concise manner.
Re- constituting the urban property
Through this draft law, we take the necessary measures to respect and guarantee the property as fundamental institution of the rule of law and of the functional market economy. We ensure for the first time after 1990, stability and security within the property relations that make EU accession possible. We redress all that can be redressed in the case of injustices and abuses generated by the policy of compromises that was implemented as of 1990.
In the field of urban property, we assure the correlation of more normative acts:
Law no. 10/ 2001 upon the legal regime of some buildings which were abusively taken over within the period 6th of May 1945 - 22 th of December 1989, republished law;
Government Emergency Ordinance no. 94/ 2000 upon the restitution of some buildings that belonged to religious groups from Romania, approved with modifications and completions through Law no. 501/ 2002;
Government Emergency Ordinance no. 83/ 1999 upon the restitution of some real estate assets that were in the ownership of the communities of the citizens belonging to national minorities from Romania, approved with modifications and completions through Law no. 66/ 2004;
The principle that we follow is the one related to the in kind restitution of the properties which were abusively taken by the Communist regime and to granting fair compensations only in the cases in which the restitution cannot be done due to objective reasons ( the buildings do not exist anymore or they entered the civil circuit). There are excluded the exceptions that have generated privileges so far: headquarters of parties, embassies, public institutions are to be restituted in kind to former owners. The solution to the notifications submitted by the legal owners will be urged. We facilitated the way the property right can be proven. We introduced the compulsion that the restitution should be made within a 30 day deadline as of the date of rendering definitive the restitution decision. The normative act stipulates also the measures necessary to urge the restitution of the real estate assets that belonged to denominations and national minorities.
We regulate for the first time the compensations for the owners whose buildings and lands cannot be restituted, in accordance with European and internal norms. The property right turns into debt right on state on the basis of some fair principles:
The procedures related to the implementation of the compensation measures are simplified
The compensations are just, equitable, and not limited by law
The quantum of compensations will be established by authorized assessors that will be responsible for the correctness of their assessments. We have introduced tough sanctions for those who infringe the legal provisions and terms, and this measure will contribute to making the system efficient.
We facilitate the exemption from the payment of the tax on the building and the land surrounding in the case of buildings of public interest for which the owner has to preserve this destination in exchange of a rent that will be established by the Government.
The incorrect regulation of the land property regime through Law 18/ 1991 generated abuses and injustices. This contributed to the crisis of Romanian agriculture that lasts for years. Hundreds of thousands of land trials are blocking the courts. The owners waste their time, money and energy in courts. The legal circulation of lands and the setting up of efficient agricultural exploitations are blocked. The bureaucracy makes the restitution difficult.
Law 18/ 1991 allowed in an abusive way that the restitution of lands situated outside the urban area not to be done on the former location. But other problems can be solved too. To this purpose, through this law that we assume the responsibility for, we aim at:
Urging the implementation of land legislation and conclusion of the existing cases
Properties are restituted on their former location, in compliance with the legal restitution done so far
Possibility that the former owner agrees with the land offered as equivalent
Restitution of the agricultural lands at the level of the last land reform democratically done ( Law 187/ 2nd of March 1945), namely year 1948 in the case of forests. As for the forests, this means that there is no limit concerning the land to be restituted, the owners are to receive back all they had at the moment of nationalization
Reintroduction of the witness testimony
Restitution of the buildings related to the agricultural and forest lands situated outside the urban areas
Restitution of roads and other buildings related to forest fund
Compensation of the owners on whose lands are investments legally sold by the state, at the real market value of these lands
Simplification of the conditions related to reconstituting the property right and acceleration of the process of issuing the titles and of the restitution in itself.
In this way, the problem of land properties has to be solved definitively over the next two years! For this reason, we oblige the mayors to monthly display the stage of the implementation of land laws and we have introduced fines for the delay or hindrance of the process of reconstituting the property right.
We propose at the same time a series of measures to encourage the legal circulation of lands and the unification of agricultural property in order to create an agriculture competitive with the European market. There is eliminated the neighbors right of pre-emption at the acquisition of a land as well as the limitation of the right to 200 hectares of arable land stipulated within the actual regulations. In this way, land transactions are liberalized and the land exchange and sale are exempted from the stamp tax and judicial stamp tax. Also, the owners aged over 62 years old are encouraged to sell or lease their lands, receiving a yearly life rent. The value of life rents amounts to 50 EUR for those who lease the land and 100 EUR for those who sell the land. The funds to pay these rents will come from the tax on the lands situated outside the urban areas, amounting on an average to 300.000 ROL per hectare, as of the 1st of January 2006 .
The value of agricultural lands will increase due to the modifications that are to be made now to the survey law and to real estate advertising. There will be expanded the number of survey offices at national level, and the profession of survey expert will be liberalized. The prices for the survey works will decrease, and the state will finance the achievement of general survey.
If Law no.18 filled the courtrooms with people who had been wronged, we are convinced that the law for which we assume the responsibility today will have the contrary effect. We have introduced a series of regulations to accelerate the financial cases: thus, there are created the specialized courts, the peremptory date is shortened, the administration of evidence and subpoena procedures is simplified, there is eliminated the way to contest the appeal and the execution of the verdicts is simplified.
Ladies and gentlemen
The reform of the property that we propose today has a complex and comprehensive character. I am not the advocate of half measures and for this reason, we insisted to regulate all aspects related to the property right: from its reconstruction, until its exercise in an efficient way, according to European norms. Otherwise, even if we had implemented fair measures to reconstitute property, the lack of some regulations to ensure an efficient exercise of property right would not have solved the blockage existing at present and it would not allow an accelerated development of market economy. Obviously, if these measures had been taken in 1990 or eventually in the first years of 90s, Romania would have looked differently today.
We can tell the same thing about the judiciary reform that we make possible today through the assumption of the Government's responsibility. We will modify the three fundamental laws of the judiciary:
Law 303/ 2004 upon the status of the magistrates ;
Law no. 317/ 2004 upon the Superior Council of Magistrates;
Law no. 304/ 2004 upon the judicial organization;
Our step relies on firm principles of the rule of law: the Judiciary has to be independent, efficient and responsible. I will give you some examples of reform measures that we promote relying on these principles:
There will be assured for the first time the total independence of judges and prosecutors, as well as the instruments that will allow them to defend this status. For example, a case cannot be taken from a prosecutor in order to block an investigation. In exchange, the prosecutors can contest an unjust decision of their seniors. The infringement of the principle of random distribution of cases will be disciplinary sanctioned.
Over the next six months, there will be organized contests for the leading positions within the judiciary. The positions of judge, Head of Court and Prosecutor's Office will be subject of contest based on objective, performance and management criteria. There will be reduced the seniority for promotion in courts, courts of appeal, and Prosecutor's Offices in order to allow the access of the magistrates to positions on the basis of performance criteria. This will lead to a renewal of the body of magistrates. As I have already said and now I repeat it: I believe that there are upright people, professionals, dedicated to justice, within the Romanian judiciary. We create now the conditions for them to distinguish within the Romanian judiciary. We are practically creating the conditions for the new wave in the Romanian magistrates system!
The Superior Council of Magistrates will be consolidated and will be able to really play the role of guarantor of the independence of Judiciary. In comparison with the actual situation, the activity of the Superior Council of Magistrates will be permanent. The status of member of the Superior Council of Magistrates will be incompatible with the leading positions and the activity of judge or prosecutor, which will allow the elimination of the possible conflicts of interest. The Superior Council of Magistrates will propose the appointment of a prosecutor and will also decide the transfer of prosecutors. The Council will organize the contests for the access to the magistrate position and the assessment of the magistrates further to their appointment. Consequently, contrary to the latest accusations, the Ministry of Justice will not exercise any control on the career and professional activity of prosecutors, these remaining only the attributions of the Superior Council of Magistrates .
In comparison with the actual situation, the Superior Council of Magistrates will increase its accountability, because it will have to present an activity report before the Parliament. This does not represent a political subordination of the Superior Council of Magistrates in front of the Parliament, but a way to allow a public debate upon the activity of this forum. The Superior Council of Magistrates has to be accountable for its activity! The citizens have the right to know how the judicial act is done! The members of the Superior Council of Magistrates who will not fulfill their legal attributions will be disciplinary sanctioned. The members of the Superior Council of Magistrates can be revoked from their position at the proposal of at least two thirds of the number of prosecutors and judges.
Regarding the role of the Minister of Justice, her single attribute will be the proposal of appointment and revokation of the general Prosecutors, of their Deputies and the Heads of sections, not arbitrarily, but on the basis of some objective evaluations of the professional performances and the Prosecutor's Office efficiency. The appointment will be made by the President of Romania, at the proposal of the Minister of Justice, with the notice of CSM (the Superior Council of Magistrates ) . They will have a three year mandate , with the possibility to be renewed only once. This procedure is according to the procedures existing in the European states. This reflects also the constitutional provisions concerning the organization and the functioning of these Prosecutor's offices under the authority of the Minister of Justice. Moreover, the Head of the General Prosecutor's Office and of the Anticorruption Prosecutor's Office will be yearly evaluated for the manner in which they have led the institutions. The reports will be presented to CSM and will be accompanied by political debates, organized in the Parliament.
Earlier, I have mentioned the promotion of the young generation in the judiciary system. Our reform stipulates also the elimination of the possibility to hold the office of judge or prosecutor after reaching the age of retirement. Some have criticized us for this, hiding the fact that this represents only the application of the constitutional principle regarding the indiscrimination and the lack of privileges. In addition, the prosecutors and the judges that have collaborated with the Securitate cannot be appointed in leading positions.
The judges will be specialized in different fields and, in this respect, there will be created sections and specialized courts in each county.
As of January 1, 2008 , the High Court of Cassation and Justice will take over from the Ministry of Justice all the attributions concerning the administration of the budget of the Courts of Appeal, specialized Courts and Law Courts.
Deputies and Senators ,
I have presented only some of the measures for the justice reform provided in the law for which the Government assumes today the responsibility. These measures represent the mechanisms through which the judiciary system will undergo transformations inside too.
Many things have been said lately about the judiciary system reform that we intend to perform. There have been persons who were against these reforms; they have invented all kind of arguments. There has been said that it would be in fact a counter-reform, which would aim at the reintroduction of the political control on the judiciary.
It is significant that the persons who did not take real measures to reform the Judiciary System, when they were in office, but patronized the generalization of the corruption at the level of the entire society, are now the bitterest opponents of this step! Probably they feel safe with the existing judiciary system. The bad piece of news is that they are among the few that are in this situation. The polls constantly show that the majority of the population distrusts the Romanian judiciary. The good news for Romanian people is that all reform measures that we proposed were introduced further to consulting the European officials. The Judiciary reform is according to the European standards. In addition, the Judiciary reform represents the guarantee that Romania 's EU accession will not be delayed because of the problems of the Judiciary System!
I must remind here the fact that we have a safeguard clause regarding the judiciary system and home affairs that can delay the accession of Romania with one year if the reform is not fulfilled. As I have said many times, if the former Government had reformed the judiciary in due time, we would not have had this safeguard clause, and the corruption would not have become an endemic phenomenon.
A few days ago, the European Commission has sent a warning letter that signaled the delays in the area of the fight against corruption, especially the absence of the investigations of some high level corruption cases. I would like to be very well understood: the Government cannot perform investigations. This is the task of the Judiciary. If until now, the Justice has not succeeded to efficiently fight corruption, especially in the conditions in which the Government that I am leading has not exercised any political control on it, this means that the deficiencies are within the system and the only solution to redress these deficiencies is a real reform.
The promotion of this reform is the single thing that the Government can fulfill at this moment in order to be efficient in the fight against corruption and I am convinced that we will finally succeed!
If the opposition wants to submit a motion of censure, this, in my opinion, will not pass! The governmental coalition is very united around the law of European reform in Romania . There will be anything but a political gesture through which they will convey a clear message regarding the opposition towards the judiciary and property reform and the preparation of Romania for EU accession in 2007.
The opposition has criticized us on procedures issues too. There has been said that we have assumed the responsibility because we want to avoid the public debates. It is not true! All the provisions of this law have been debated in public for some weeks. The initiators took over numerous amendments formulated during these debates. Moreover, there have been accepted also 71 amendments submitted by parliamentarians from all the political parties including from opposition after the dispatch of the text to the Parliament.
There has also been said that our gesture demonstrates the contempt towards the Parliament institution. It is totally wrong! Through this procedure of assuming the responsibility, the Government come in front of the Parliament and asks for a vote of confidence.
And this is what we are doing! We request you a vote of confidence in order to achieve a profound reform in the Romanian society. This reform consolidates the pillars of strength for the rule of law: the private property and the judiciary.
There has also been said that there are far many titles, that we have modified very many laws and we have filled many pages.
Unfortunately, the reform cannot be weighed in kilograms, as in market, but it is evaluated through the effects that this generates in the society!
Senators and Deputies,
Joining in a single law of European reform, all the measures that are related to the property and judiciary reform is coherent and logical. The property cannot be guaranteed, and the rapports between the owners have no stability without an independent, efficient, and modern judiciary. We have come with a complex approach that solves coherently the system deficiencies from these main fields of the rule of law. We do not use half measures.
As a conclusion, I underline again that these provisions will play a crucial role in the preparation process for Romania 's EU accession. If it does not solve the system problems that I have already mentioned, Romania has no future in the European Union and we will always remain at the outskirts of the civilized world, and as Prime Minister and Romanian, I do not want this and I cannot accept this to happen.
For all these reasons, the Government that I am leading assumes today before the Parliament the responsibility regarding the Draft Law upon the legal regulation of property and the judiciary reform.
Thank you.