OPEN LETTER TO THE ROMANIAN GOVERNMENTS PRIME MINISTER
Mr. Prime Minister,
Consistent with our previous steps, through which we signaled the existence of huge delays in the transposition and implementation of EU Directives, as well as the justified concerns regarding the risk of applying financial sanctions to Romania following the 83 infringement procedures launched at this moment by the EC, we believe that it is necessary to adopt a clear procedure for sanctioning those who do not transpose the directives by the deadlines.
In the absence of such procedures, Romania risks paying fines of millions of euros, putting more strain on the national budget. Romania, for example, was fined 3,000,000 euros for failing to implement the EU directive on money laundering on time.
Given that Romania has had 659 infringement cases against it since entering the EU, with another 83 ongoing, the risk of similar judgements being handed down in the future is significant.
Although the Ministry of Foreign Affairs monitors and coordinates the implementation of EU directives, in the absence of authority to sanction institutions accountable for failing to fulfill their commitments, it is unable to guarantee that EU Directives are implemented within the stated dates.
According to Article 148 paragraph (4) of the Romanian Constitution, "The Parliament, the President of Romania, the Government, and the judicial authority guarantee the fulfillment of the obligations resulting from the act of accession and the provisions of paragraph (2)," the government has the obligation to intervene in justified cases by taking measures to ensure the successful transposition of European law.
Mr. Prime Minister,what steps has the government taken to coordinate the national institutions and authorities in charge of promptly transposing and correctly applying European law?
What steps has the government done to sanction individuals who fail to perform their responsibilities in terms of integrating European directives into domestic legislation, in order to avoid absurd situations in which Romania risks paying fines of hundreds of millions of euros?
Last but not least, who is responsible for the 3 million euro fine imposed on Romania for failing to implement Directive 2015/8491 on the use of the European Union's financial system for terrorist financing? Where are the millions of euros received from the state budget going to be spent?
As an active member of civil society in Romania, FACIAS runs the project "Incompetence or malice? Who is liable for the fines that Romania has to pay?" in order to defend citizens' interests and find optimal solutions to ensure the effectiveness of the benefits conferred by European legislation.