Romanian government decree decriminalizes some corruption

The move sent thousands to the streets in the middle of the night.

Romania’s Social Democrat government adopted an emergency decree on Tuesday to decriminalize corruption cases of under €45,000 and sent a draft bill to parliament to commute some criminal non-violent sentences — despite opposition from the president and civil society.

The late-night legislation, widely seen as a ruse to protect corrupt politicians, sent thousands to the streets in protest Tuesday night.

Romanian TV channel Digi24 estimated that almost 12,000 people had gathered in front of the government building in downtown Bucharest at 1 am local time on Wednesday morning. Some protesters tried to force their way into the building, but were pushed back by military police, according to media outlet Hotnews. Thousands more began gathering in other major Romanian cities.

The European Commission warned Romania at the end of last month that the new legislation risks undermining the fight against corruption.

Justice Minister Florin Iordache said the bill on commuting sentences of under five years for non-violent crimes was designed to avoid a ruling against Romania at the European Court of Human Rights regarding prison conditions. The government presented the legislative package in mid-January as a way to solve overcrowding in jails.

But those opposed to the measures argue that they are likely to bail out allies of the Social Democrat (PSD) government led by Prime Minister Sorin Grindeanu — including party leader Liviu Dragnea, who received a suspended jail sentence for an attempt to rig a referendum in 2012.

Dozens more convicted politicians could benefit from the government’s move, according to national media.

The draft law on commuting sentences still has to be approved by parliament, where the ruling PSD and its liberal coalition partner ALDE hold a majority.

Romanian President Klaus Iohannis, who previously said he plans to call a referendum on the issue, strongly condemned the government’s decision.

“Today is a day of mourning for the rule of law, which received a blow from the opponents to justice, the truth and the fight against corruption,” he wrote on his Facebook page.

The new government has been in place for less than a month, following parliamentary elections in December in which PSD won a landslide victory on promises to increase wages and pensions, and lower taxes.

Iohannis said PSD’s ability to form a government “does not represent a blank cheque that allows the majority to do anything it wants.”

Romania’s General Prosecutor, Augustin Lazăr, has described the decriminalization bill — which comes into effect in just over a week  — as unconstitutional. The Superior Magistrates’ Council, which groups judges and public prosecutors, referred it to the Constitutional Court on Wednesday.

This article has been updated to clarify the legislative status of the government’s latest measures.