It is evident that the Romanian state is not taking any measures to reclaim from those responsible the millions of euros it has paid for convictions at the European Court of Human Rights (ECHR).
Following a request addressed to the Ministry of Finance, the Foundation for the Defense of Citizens against State Abuses (FACIAS) has obtained data indicating Romania's position as a leading country in terms of convictions at the European Court of Human Rights (ECHR). Over the past five years, the country has expended a sum exceeding 49 million euros in public funds exclusively to cover the costs of these convictions.
In the preceding half-decade, the Romanian state has been convicted in 2,921 cases before the European Court of Human Rights (ECHR) for violations of fundamental human rights. The most substantial financial compensation was awarded in 2021, when Romania was ordered to pay more than €21 million to victims of abuse, as determined by ECHR judges. However, a response by the Ministry of Finance to FACIAS revealed that no financial restitution has been received by the state from the perpetrators of these violations.
Current legislation makes it impossible to recover damages paid from the state budget. So far, no magistrate has been held accountable for the decisions that led to the ECHR convictions.
In accordance with the response of the Ministry of Finance, it is evident that in all cases over the last five years, the Superior Council of the Magistracy and the Judicial Inspectorate have concluded that no individual should be held liable. Consequently, no recourse action has been initiated and the State has not recovered any of the compensation paid. Consequently, the financial burden of Romania's ECHR-related condemnation cases remains exclusively shouldered by the taxpayers.
Law No 303/2022 on the status of judges and prosecutors imposes a very short deadline of only one year for the state to initiate, through the Ministry of Finance, actions for regress, possible only after the completion of the disciplinary investigation, which often takes more than a year.
Without legislative changes, Romania will continue to be condemned and citizens will remain the only ones footing the bill for the authorities' abuses. Over €113 million has already been paid by our country, since 2004 to date, as a result of condemnations at the ECHR.