Monitoring report on the state of preparedness for EU membership of Bulgaria and Romania
Both Bulgaria and Romania shall report regularly on progress in addressing specific benchmarks. The first report should be submitted by 31 March 2007. The Commission will provide internal and external expertise to cooperate and provide guidance in the reform process and to verify progress. The Commission will then report to the European Parliament and the Council by June on the progress made in addressing the benchmarks. The Commission's reports will assess whether the benchmarks have been met, need to be adjusted and may request further reports on progress if necessary. The mechanism will continue until the benchmarks have been met.
Should either country fail to address the benchmarks adequately, the Commission will apply the safeguard measures of the Accession Treaty. They lead to the suspension of the current Member States' obligation to recognise those judgements and execute warrants issued by either country's courts or prosecutors falling under the principle of mutual recognition.
Based on the findings of this report, the benchmarks to be addressed are as follows:
Bulgaria
- Adopt constitutional amendments removing any ambiguity regarding the independence and accountability of the judicial system.
- Ensure a more transparent and efficient judicial process by adopting and implementing a new judicial system act and the new civil procedure code. Report on
the impact of these new laws and of the penal and administrative procedure codes, notably on the pre-trial phase.
- Continue the reform of the judiciary in order to enhance professionalism, accountability and efficiency. Evaluate the impact of this reform and publish the results annually.
- Conduct and report on professional, non-partisan investigations into allegations of high-level corruption. Report on internal inspections of public institutions and on the publication of assets of high-level officials.
- Take further measures to prevent and fight corruption, in particular at the borders and within local government.
- Implement a strategy to fight organised crime, focussing on serious crime, money laundering as well as on the systematic confiscation of assets of criminals. Report on new and ongoing investigations, indictments and convictions in these areas.
Romania
- Ensure a more transparent, and efficient judicial process notably by enhancing the capacity and accountability of the Superior Council of Magistracy. Report and monitor the impact of the new civil and penal procedures codes.
- Establish, as foreseen, an integrity agency with responsibilities for verifying assets, incompatibilities and potential conflicts of interest, and for issuing mandatory decisions on the basis of which dissuasive sanctions can be taken.
- Building on progress already made, continue to conduct professional, non-partisan investigations into allegations of high-level corruption.
- Take further measures to prevent and fight against corruption, in particular within the local government.
The Commission will adopt a Decision implementing and defining the modalities of this mechanism after consulting the Member States. It will enter into force on 1 January 2007. This list of benchmarks will be amended in case either country complies with one or more of the benchmarks before accession.
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