Romania is taking the biggest step backwards on the rule of law since it joined the European Union, a former justice minister has warned before what could be the biggest street protests in a year this weekend in Bucharest.

Monica Macovei, who was an architect of Romania’s anti-corruption policy when she was justice minister from 2004-07, said changes introduced to bring the country into the EU were being dismantled.



There has been backwards and forwards, but this is worse ​Monica Macovei

She said recent changes to the judicial system and the proposed decriminalisation of some corruption offences constituted an unprecedented assault on the rule of law since Romania joined the EU in 2007. “There has been backwards and forwards, but this is worse.”



Macovei, now an MEP, was speaking to the Guardian at her offices in Brussels before Romania lost its second prime minister in seven months this week. Viorica Dăncilă has been named as prime minister designate, following the sudden departure of Mihai Tudose, who fell out with the leader of the ruling Social Democrat party.

Tudose’s unexpected resignation meant that the Japanese prime minister, Shinzō Abe, was left kicking his heels while on an official visit to Romania this week. After a meeting with the prime minister was cancelled on Tuesday, Abe made a last-minute trip to an outdoor village museum of traditional peasant houses.

Hundreds of embarrassed Romanians apologised for the “careless” behaviour of their government on the Japanese embassy’s Facebook page. “On behalf of the Romanian people, please accept our sincere apologies,” wrote one Facebook user, in a typical post. “Unfortunately, our current government does not represent the people. They are only representing themselves, and in the poorest way.”

Dăncilă, currently an MEP with a low profile in domestic politics, could be leading a new government by 1 February, but commentators say it is unclear if she will be an independent actor, or a proxy for PSD leader, Liviu Dragnea.

Dragnea is barred from the premiership because of a conviction for ballot-rigging that led to a two-year suspended prison sentence. He also faces charges of abuse of office, but the case against him would be dropped if current legislative proposals are passed.

Under a draft bill, abuse of office would no longer be a criminal offence if the sums involved were less than €200,000 (£176,000). The final text has not been adopted by the senate, following its adoption in the lower house earlier this month.

Viorica Dăncilă has been named as prime minister designate following the sudden departure of Mihai Tudose, who fell out with the leader of the ruling Social Democrat party. Photograph: Inquam Photos/Reuters

Other changes being debated include decriminalising the offence of taking a bribe on behalf of someone else, as well as lower sentences for the bribe taker. Prosecutors would face restrictions on using wiretaps, CCTV footage or digital evidence as part of changes to the criminal code that have been sharply criticised by Romania’s anti-corruption prosecution unit, the DNA. “These changes could have a devastating impact on criminal investigations because they eliminate the indispensable legal instruments needed to investigate,” the DNA said in a statement last month.



In December, the Romanian senate agreed changes to the judicial system, despite protests by thousands of judges and magistrates, who say the laws erode the independence of the judiciary.

Macovei said these changes – unless overturned by the country’s supreme court – meant that the separation of powers was “finished”, while the proposed overhaul of the criminal code would allow MPs to get rid of all corruption investigations.

Between 2006 and 2017 anti-corruption investigations led to the jailing of the former prime minister Adrian Năstase, as well as the indictment of 20 current and former ministers, 53 deputies and 19 senators. The latest changes are “a perverse effect of a successful fight against corruption, against money-laundering and fraud”, she said.

On Saturday protests against the changes to the judiciary are expected in Bucharest, almost one year after the largest demonstrations since the fall of communism.



Radu Magdin, an independent analyst at the Smartlink consultancy, said attendance at the 20 January protests was hard to predict but said the changes on abuse of office and judicial reforms were likely to pass, irrespective of the numbers of protesters.

On Thursday, the Council of Europe’s anti-corruption watchdog, known as Greco, issued an indictment of Romania’s anti-corruption drive, when it concluded that the country had complied with only two out of 13 of its recommendations on tackling corruption in public life.



Last month Greco launched an “urgent evaluation” of Romania’s draft law on the judiciary



following a warning from seven EU member states. Recently passed laws on justice reform, as well as the latest draft amendments to the criminal codes, “risk jeopardising” progress Romania has made over the last decade, said a statement from France, Germany, the Netherlands, Sweden, Belgium, Denmark and Finland.



Romania, along with Bulgaria, which also joined in 2007, is subject to special EU monitoring on the judiciary and rule of law.



The European commission, which oversees the monitoring, would like to bring the process to an end, but has faced criticism for being too soft on governments in Romania and Bulgaria.

Macovei voiced frustration that Brussels had declined to take a tougher approach with the Romanian government.

“The practice of the commission is we wait and see if it happens and then after it happens make pressure for change. And in my view this is a losing policy, for us, for my country [Romania] and for other countries. Because after it happens it is much more difficult to change.”

• This article was amended on 19 January 2018. An earlier version referred to “then prime minister” where “former prime minister” was meant.

