European Commission warns Romania of 'systemic risk' as statute of limitations rulings wipe out high-level corruption cases
The European Commission's annual Rule of Law report, published on 17 July 2026, finds that decisions by Romania's High Court of Cassation and Justice are causing a 'systemic risk' by terminating major corruption trials and annulling convictions.
The European Commission's 2026 Rule of Law report identifies a persistent and escalating threat to anti-corruption efforts in Romania, driven by the High Court of Cassation and Justice (ÎCCJ) statute of limitations rulings. Lower courts have continued to close criminal proceedings and overturn convictions, including in high-level corruption files, following these binding decisions. The Commission characterises the situation as a 'systemic risk' and warns that the rulings raise questions from the perspective of EU law.
Progress in the justice system
Beyond the prescription crisis, the report acknowledges several advances. The 2022 justice laws have been progressively implemented, improving the legislative framework for judicial independence and functioning. A selection process led to the appointment of several high-ranking prosecutors. The occupancy rate of magistrate posts rose in 2025, and restrictions on organising entry contests were lifted in April 2026. The average resolution time for civil, commercial and administrative cases fell significantly, by nearly 50 days, while the total number of resolved cases increased by 10%, according to former justice minister Radu Marinescu.
Digitalisation of the judiciary remains a government priority, with projects including the ECRIS V system, a national electronic case file, and AI platforms. A new anti-corruption strategy for 2026–2030 is being drafted, and recent legislation on lobbying, revolving doors, and corruption in international business transactions supports the OECD accession process.
- New justice laws adopted, beginning a multi-year implementation process to strengthen judicial independence.
- Restrictions on organising magistrate entry contests lifted, enabling higher post occupancy rates.
- CSM judges' section adopts Resolution 1348, finding that extending unverified accusations to the entire judiciary is unsupported by international assessments.
- European Commission publishes the 2026 Rule of Law report, highlighting systemic risks from prescription rulings and issuing seven recommendations.
Prescription rulings and European concerns
The report stresses that the statute of limitations decisions issued by the ÎCCJ, presided by Lia Savonea, have neutralised the suspensive effect of procedural acts performed before and during the 2018–2022 period. As a result, numerous criminal cases risk escaping sanctions definitively. The European Public Prosecutor’s Office (EPPO) has indicated that these rulings could block its ability to conduct effective investigations in Romania, particularly in cases affecting the EU’s financial interests.
The lower courts continued to order the termination of criminal proceedings and overturned convictions, including in cases of high-level corruption, following the rulings of the High Court of Cassation and Justice on the statute of limitations.
Reactions from Romanian institutions
The Superior Council of Magistracy (CSM) argued that the report does not confirm the 'profoundly distorted representations' that dominated public debate, where isolated, insufficiently verified situations were generalised and presented as systemic features. The CSM also contested certain factual inaccuracies in the Commission's analysis.
The report does not confirm the profoundly distorted representations which dominated an important part of the political and media discourse over the last year, through which individual, insufficiently verified or false situations were generalised and presented as characteristics of the entire judiciary.
The Ministry of Justice called the report a balanced evaluation, noting that earlier recommendations on lobbying regulation had been fulfilled. The ministry pledged to take the necessary steps to implement the seven new recommendations, which include strengthening guarantees for the independence of high-ranking prosecutors, limiting the excessive use of emergency ordinances, and improving the efficiency of anti-corruption investigations.
Outlook and required actions
The Commission urged Romania to adopt legislative measures for the independence of top prosecutors and the organisation of the judicial police, areas where no progress has been recorded. Some judges continue to face unjustified internal pressure, and judges have been recused for intending to refer questions to European courts. The report also highlights that the public debate on judicial concerns was suspended following an ÎCCJ decision, adding urgency to institutional safeguards. Bucharest now faces the task of reconciling domestic judicial interpretations with EU law requirements to prevent further erosion of public trust and institutional credibility.
