Romanian Judge Urged to Resign Over Graft Charges

Horatiu Dumbrava, president of the Superior Council of Magistrates, a key body charged with guaranteeing the independence of the judiciary, on Tuesday said a judge should offer to resign so as “not to further affect the poor image of Romanian justice”.

Dumbrava said that Gabriela Birsan, a judge in the highest appeals court, should quit after being accused of accepting bribes in return for granting favours in court.

Last week prosecutors started probing claims that Birsan received jewellery, a paid-for trip to Indonesia and free housing for her son in Paris after issuing favourable verdicts to a businessman.

She is not thought to have acted alone. One of her deputies is also being investigated, prosecutors said.

Birsan says she is not guilty and has appealed against the case on procedural grounds. Her husband, Corneliu Birsan, a judge at the European Court of Human Rights, ECHR, has claimed diplomatic immunity for himself and his wife.

The ECHR has issued a statement saying that Romania should have asked the European Court to lift Corneliu Birsan's immunity before raiding his and his wife's house in search of evidence.

Romanian prosecutors responded by saying that the investigation was not targeting his activities - for which he enjoys diplomatic immunity - but those of his wife, Gabriela Birsan.

Independent observers predict that the case will probably be yet another example of much talk and no action.

“Most likely the case will be like most of the other high-level corruption files opened in Romania in the past five years," journalist Dan Turturica said.

"It will be another case, which, due to procedural appeals and a reluctance to pass tough sentences, will end without anyone being sent to jail,” he added.

Numerous cases involving politicians and high-ranking officials have gone unprocessed for a long time in Romania's courts while others, involving "smaller fish", end in quick convictions.

Opinion is widespread that Romanians are not equal before the law and that they all too often have to pay petty bribes for favours in court.

Romania still faces a host of problems related to the justice system. Since joining the EU in 2007, Bucharest has made only limited progress in fighting corruption and organised crime and has faced repeated criticism from the European Commission on this issue.