The Foundation For The Defense Of The Citizens Against Citizens Against State Abuses (FACIAS) has initiated legal proceedings against the Romanian Ministry of Foreign Affairs (MAE) for its refusal to divulge information of public interest concerning the compensation paid by the Romanian state following convictions at the European Court of Human Rights (ECHR) and the status of EU directives with an implementation deadline that has been exceeded.
In a recent communication, FACIAS has requested that the MAE provide an update on the amounts paid by the Romanian state in accordance with the ECHR convictions from 2022 to the present, as well as the status of the transposition of EU directives. FACIAS maintains that transparency and respect for the law are the cornerstones of a functioning democracy, and that the MAE bears the responsibility to provide citizens with this information. The withholding of the amounts paid in compensation and the actual situation regarding the transposition of EU directives significantly erodes citizens' trust in state institutions.
The FACIAS action, filed with the Bucharest Tribunal, Administrative and Tax Litigation Section, comprises a series of essential requests designed to ensure transparency and accountability on behalf of the state in relation to its citizens. It is the right of citizens to be informed of the sums paid by the Romanian state in accordance with judgments handed down by the European Court of Human Rights (ECHR). These payments are made from public funds and reflect the extent to which fundamental rights of citizens have been violated by the state. Furthermore, it is essential to be aware of the number of cases lost at the ECHR in order to gain insight into the frequency of these violations and to hold those responsible for them to account.
FACIAS has asked the Ministry of Foreign Affairs (MFA) to communicate the following information of public interest:
- The total amount of compensation paid by the Romanian state following judgments of the European Court of Human Rights (ECHR) between 2022 and today.
- The exact situation of the amounts paid out as a result of these ECHR judgments, from 2022 to date.
- The amounts paid by the Romanian State under the settlement agreements based on individual applications to the ECHR from 2022 to date.
- The number of cases in which the Romanian state has been condemned at the ECHR because of Romanian magistrates' decisions, from 2022 to date.
With regard to the transposition of EU directives, this issue has a direct impact on Romania within the European Union. Failure to implement the directives may result in severe financial sanctions for the state, which will ultimately be borne by the citizens. The implementation of EU directives is essential to ensure an up-to-date legislative framework in line with European standards, which protects citizens' rights in various areas.
FACIAS has requested detailed information on the transposition of EU directives into national law, given that there are directives with transposition deadlines that have expired:
- An update on EU directives that have not yet been fully transposed into national law, although the deadline has passed.
- Status of infringement proceedings against Romania for each non-implemented directive.
- Deadlines set and communicated by the MFA and the authorities responsible for the transposition of outstanding EU directives.
The lack of transparency on the part of the MAE regarding this information hinders citizens from acquiring a comprehensive understanding of how the state is discharging its international and constitutional obligations. FACIAS posits that the timely and accurate dissemination of information to citizens is a cornerstone of democratic governance and the rule of law. Consequently, FACIAS urges the MAE and all public authorities to adhere to the legal framework and to fulfil their obligations pertaining to the accessibility of information and transparency in a responsible manner.