Monica Macovei
Encyclopedia
Monica Luisa Macovei is a Romania
n politician, lawyer and former prosecutor
, currently a Member of the European Parliament
from the Democratic Liberal Party
. She was the Minister of Justice
of Romania
in the first cabinet of Prime Minister Călin Popescu-Tăriceanu
. In this position she was credited with implementing justice reforms that helped Romania enter the European Union (EU)
on January 1, 2007.
; in 1994 she received a master's of law in comparative constitutional law from the University of the State of New York
/Central European University
. She has served as a lecturer in law at the University of Bucharest. She has also authored a number of books and articles on legal and human rights themes.
Macovei was a prosecutor
between 1983 and 1997, during the Communist and in the post-Communist Romania, resigning after an investigation by the Prosecutor's Office accused her of "repeated negligence in dealing with cases and repeated delays in resolving some cases". From 1997 to 2004 she was a lawyer
with the Bucharest Bar.
activist for political reform, democratization
, and human rights
in post-1989 Romania. She served from 2001-2004 as president of the Association for the Defence of Human Rights in Romania - The Helsinki Committee (APADOR-CH).
Macovei has served as an expert/advisor to the Council of Europe
, the European Roma Rights Center, the UN Development Program, the Open Society Institute
, and the International Helsinki Federation for Human Rights
. She was a founding member of Transparency International-Romania. She conducted research on gender in Romanian law and on violence against women
, among many other issues. During this period, she spoke out for the need to reform Romanian justice and remove institutional protections for officials involved in corruption.
She also called attention to police brutality
and impunity, continued political influence over the judiciary, and the lack of strong legal culture in Romania, among other issues.
In 2002, along with other Romanian human rights activists, she stood against the indictment of a former aide to previous President Emil Constantinescu
after he accused then Prime Minister Nastase of corruption. Romanian news commentators agreed with her, noting what they called a serious attack on the freedom of expression. Macovei, herself, characterized the arrest as "one of the worst attempts to muzzle the press in Romania" since communism collapsed. The arrest received widespread attention in Europe as an example of alleged abuses against the press at the time.
While an activist, Macovei assisted Romanian gay rights
groups in overturning Article 200
, one of the last sodomy law
s in Europe. While Minister of Justice, Macovei intervened in May 2005 to help ensure that the Romanian LGBT
rights group ACCEPT
could hold the country's first pride parade, the Bucharest GayFest
, after the Bucharest City Hall had denied the group a parade permit.
In 1997, Macovei was an Eisenhower Exchange Fellow, an honor awarded to "men and women of outstanding achievement in mid-career, who are expected to assume positions of influence and make a difference" in their home regions, countries, or globally.
candidate Adrian Năstase
. Băsescu's victory was characterized in the media as Romania's "Orange Revolution," comparing the victory of perceived reformists in Romania to events in neighboring Ukraine
during the same period. It was also a reference to the orange color used by the winning Justice and Truth Alliance
, which comprised the PD and the National Liberal Party (PNL)
led by Calin Popescu-Tăriceanu. Independent civil society organizations played an important role in securing the victory of the Justice and Truth Alliance, and Macovei's appointment was seen as acknowledgement of this contribution. As an activist who had spent much of her career advocating for judicial reform in Romania, she also appeared to be well-situated to implement extensive reforms as well as increased efforts against high profile corruption, both of which were requirements for EU accession. Anti-corruption was also a prominent theme in the parliamentary
and presidential elections
of that year.
Shortly after her appointment, Macovei stated that "fighting corruption" would be one of the top priorities of the Ministry of Justice under her leadership.
Many of Macovei's actions as minister were aimed at eliminating vestiges of communism from the Romanian justice system. She disbanded the Justice Ministry's secret service, called the General Directorate for Protection and Anti-Corruption
, which had continued operating after the fall of communism. The organization had been wiretapping judges and gathering other information, which, Macovei stated, "we do not really know ended up where or with whom." She also implemented new procedures to check the backgrounds of judges and prosecutors to determine if they had worked with the former Securitate
internal intelligence service and to remove those who had collaborated. Macovei secured passage of legislation to eliminate immunities accorded to former government ministers and other government notables and to make tax evasion a criminal offense. She increased the salaries of judges and prosecutors to make them less susceptible to bribes.
Macovei was also credited with invigorating the National Anticorruption Directorate
(DNA), which had been set up several years before to investigate and prosecute large scale corruption cases and those involving Members of Parliament and other high level officials. Macovei appointed a new head of the Directorate, prosecutor Dan Morar, under whose leadership the DNA issued an indictment against Chamber of Deputies
president and former prime minister Adrian Năstase
, the highest level official to face prosecution in a corruption case in the history of post-communist Romania. The DNA also indicted eight Members of Parliament, two serving government ministers, nine judges and prosecutors, and 70-80 police and customs officers.
Prime Minister Popescu-Tăriceanu dismissed Macovei on April 2, 2007, when he reshuffled his cabinet primarily to exclude the Democratic Party (PD) of President Traian Băsescu
, with whom he remained engaged in a prolonged and heated public feud.
International media characterized the cabinet change and Macovei's dismissal as an end to the reform efforts Romania had enacted in the previous two years to enter the EU.
over her anti-corruption initiatives. Opposition MPs accused her of abuse of power, while Macovei stated that MPs sought to stop judicial reform and anti-corruption efforts to protect their own interests. In 2006, the Parliament initially voted against a measure by Macovei to keep the DNA operating as an independent office. Opposition MPs stated the negative vote was partially due to Macovei's failure to appear in the Parliament to defend the measure. They also questioned the DNA's independence from political influence. President Băsescu vetoed the Parliament's action, and, after international pressure and political negotiations, the Parliament ultimately voted on a revised measure to retain the DNA's authorities and independence. Independent political commentator Cristian Pârvulescu suggested the Parliament's initial negative vote was influenced by the large number of anti-corruption investigations initiated by the DNA under Macovei.
Macovei encountered similar resistance in efforts to create a new National Integrity Agency (ANI) to check the source of MPs and ministers' assets and investigate possible conflicts of interest. The draft law remained under consideration in the Parliament, where MPs reportedly altered and watered down the measures.
In October 2006, Macovei appointed 33 year-old lawyer Laura Kövesi
as Prosecutor General In February 2007, the Romanian Senate Judicial Commission, however, voted to remove the authority of the Minister of Justice to nominate the Prosecutor General. The commission instead proposed assigning full authority over the nomination to the Superior Council of Magistrates (CSM). Macovei said that the Senate's measure, if approved by the full Parliament, would greatly impede the government's ability to combat corruption as the Prosecutor General is a central figure in that effort.
In its 2007 annual report on Romania, Reporters without Borders
characterized as "encouraging" reform of the Romanian penal code initiated by Macovei that would decriminalize defamation and libel. Macovei said the proposed reformed code, which included many other changes and had been posted on the Justice Ministry's website for public debate, was necessary for modernizing Romania's legal system and to comply with EU norms. It would replace a draft penal code passed into law in 2004, but never enacted, under former Justice Minister and current Conservative Party
Senator Rodica Stănoiu. The Romanian Senate disagreed and, in February 2007, passed a measure to enact the so-called "Stănoiu Code," instead of Macovei's penal code. Macovei said the "Stănoiu Code," if passed by the full Parliament, would bring Romanian penal justice to a halt.
In 2009, Macovei joined the Democratic Liberal Party
(successor of the PD), and won a MEP
seat on the party's list in that years European Parliament Elections
.
In May of 2011 she was elected as one of the 15 vice presidents for the National Coordinating Council of the ruling Democratic Liberal Party
(PDL). The 15 vice presidents are: Gheorghe Scripcaru, Elena Udrea
, Mircea Hava, Traian Igas, Gheorghe Stefan
, Anca Boagiu
, Dorin Florea, Sever Voinescu
, Mihai Stanisoara
, Monica Macovei
, Mihaela Popa, Florin Popescu
, Victor Tarhon, Teodor Paleologu and Romeo Raicu.
stated that as a result of Macovei's efforts "For the first time in the history of the country, nobody is above the law."
European Commissioner for Justice Franco Frattini said that a "big part of the success of Romania's EU accession was achieved as a result of Macovei's work."
The Economist
described Macovei as:
Macovei was nominated for the Campaigner of the Year 2006 award, as part of the European Voice Europeans of the Year Awards, for "driving through tough laws tackling corruption and reforming the judiciary, improving her country’s readiness to join the EU."
Noted Romanian academic and former Foreign Minister Andrei Pleşu
(who also briefly served as an advisor to President Băsescu) described Macovei, in her fight against corruption, as :
Macovei consistently stated that the attacks lodged against her by politicians were "proof that reform was on the right track" under her leadership.
chairman and important PNL member, Dinu Patriciu
. According to multiple media sources, Popescu-Tăriceanu called Macovei to his office for a meeting with Patriciu, who complained about alleged procedural problems and other aspects of his case. Macovei fully acknowledged the meeting in the media, as well as her surprise that the Prime Minister had organized the meeting. There was no indication that Macovei allowed the meeting to affect Patriciu's case, which remained under investigation.
against Macovei, laying out what it called complaints against her and requesting her resignation. The motion was titled "Lying - Macovei's Way of Justice". It was supported by 81 senators out of 137. This was the first time the Romanian Parliament had passed such a motion against an individual cabinet member. The motion accused Macovei of delaying justice reform (and in particular the application of the 2004 Penal Code), intervention in the judicial process (which is forbidden by Romanian law), facilitating through incompetence and negligence the release of several criminals, and committing repeated attacks on the activity of the Parliament. It called for her resignation and for urgent measures guaranteeing the independence of judges and prosecutors from political influence. The vote was tabled by the Conservative Party
, with support from the other parties in opposition, primarily the Social Democratic Party (PSD)
and the nationalist Greater Romania Party
. The number of votes against her indicated that many Senators from her own center-right governing bloc
did not support her. The vote was taken by secret ballot.
The Constitutional Court
, however, ruled that the vote of no confidence did not force her to resign and she remained in office, with the public support of the Prime Minister.
A number of MPs from several parties called on Macovei to step down regardless of the Constitutional Court's decision in her favor, stating they would block any new legislative initiatives from her. Several said they based their vote on her failure to communicate with the Parliament. Greater Romania Party leader Corneliu Vadim Tudor
called Macovei a "grovelling tool of Cotroceni Palace
," which is the official office of President Basescu. Opposition MPs in the Chamber of Deputies said they planned to file a similar motion against her in the lower house.
European Commissioner for Justice Frattini came out quickly in support of Macovei following the motion, stating publicly that he "held Macovei in high regard." Other European officials also stated their support for her. The Social Democratic Party Deputy Speaker of the German Bundestag warned that Macovei's dismissal as a result of the parliamentary motion could lead the EU to invoke the safe guard clauses the EU introduced to prevent Romania from leaving the path of reform in the Justice sector and other fields after it joined the EU. The European Commission (EC) however, officially took a neutral position, with the EC spokesman stating "this vote is a domestic issue for Romania and cannot be commented upon.”
In addition, there was a protest in her support by a number of civil society organizations, including Freedom House
, the Romanian Academic Society
and APADOR-CH, with organizers stating that MPs passed the motion against Macovei because they were worried by her push for more transparency and stricter controls on conflicts of interest. Transparency International condemned the anti-Macovei motion, stating that the text voted by the Senate was "written in a superficial manner and motivated by political reasons, ignoring the principle of independence of judiciary." Journalist Traian Ungureanu said "We do not want our country to be stolen by few oligarchs in the Parliament."
International media attributed the vote of no-confidence to legislators' opposition to the National Integrity Agency, which Macovei sought to create to examine MPs' accounts. The Economist
described the motion against Macovei as a by-product of the feud between the Prime Minister and the President. The on-line journal Southeast Europe Times noted that Macovei had several public disputes with judges on the Superior Council of Magistrates, most of whom are associated with the opposition Social Democratic Party that supported the motion.
Macovei, herself, expressed the view that the Parliament could only be seeking to get rid of her because of her efforts against corruption, including investigations by her ministry against several members of the Senate. She stated that the investigations were carried out regardless of political party affiliation.
from May until autumn 2007 due to what he characterized as ongoing domestic disputes. This has been viewed as a key indicator of her sympathies with the PD, although she stated her opposition to the elections delay was for legal reasons. The media reported that Popescu-Tăriceanu and his National Liberal Party (PNL)
sought to expel her from the cabinet as a result of this position, which was linked to the broader public conflict between Popescu-Tăriceanu and Băsescu as well as the emergence of a political realignment against the PD.
The media aligned her with the PD and Traian Băsescu on many occasions, with some critics going as far as to call her "Traian Băsescu's pawn" and a "drinking buddy" of the Romanian president. In Adevărul
, Macovei's relationship with Traian Băsescu was lampooned with the assertion that the president had transmitted "love letters" to her through the Justice Ministry. The same newspaper accused Macovei of creating tensions within the Justice Ministry. Mircea Badea
, a television show moderator, alleged that Băsescu wanted Monica Macovei to remain the Minister of Justice so that she could cover up his illegal affairs, including the so-called "Fleet File" investigation, in which the president was accused of selling out the entire Romanian fleet at a very low cost while he was Minister of Transportation in the 1990s.
crime. Stroe dismissed the advisor after the report. Popescu-Tăriceanu publicly supported Stroe against Macovei during the roe.
in her position as Minister of Justice. One such incident involved a comment she made on national television that reporters had no right to criticize her and her ministry and that they should pay attention to their own "problems with Romanian justice." Her comment appeared aimed at the director of the Romanian newspaper Ziua
, Sorin Roşca Stănescu, who had been particularly vocal in making allegations against Macovei. Aidan White, president of the International Federation of Journalists
(IFJ), criticized Macovei's assertion, saying that "Any journalist should be granted the presumption of innocence especially by the Minister of Justice."
Superior Council of Magistrates (CSM) Judge Florica Bejinaru also accused Macovei of "political police-style" tactics to try to obtain her resignation. Bejinaru had reportedly been found to have worked with the Securitate
intelligence service during the communist period, a factor that would generally disqualify her from holding a position on the CSM. Bejinaru admitted having collaborated with the Securitate, but denied ever harming anyone. The agency charged with reviewing the Securitate archives cleared Bejinaru of collaboration; Macovei has appealed the finding.
Ziua
editorialist Sorin Roşca Stănescu and his colleague Răzvan Săvăliuc alleged that the NGOs supporting Macovei against the Romanian Parliament had done so because they received funding from the Ministry of Justice or because they supported controversial causes linked to Macovei.
Shortly after Macovei became Minister of Justice, some media alleged that a court case concerning the ownership of a house was resolved in an irregular fashion to the advantage of Macovei's mother. Macovei denied any involvement in the case.
Critics in the Parliament, media, and civil society, including the Civic Media Association and APADOR-CH, called the ordinance unconstitutional and a violation of privacy as protected by the European Court of Human Rights
. Several opposition Senators also referenced these ordinances as a reason they passed the February 2007 motion calling for her resignation.
Renate Weber, former advisor to Basescu and president of the Open Society Foundation, said the measures exemplified:
Macovei and General Prosecutor Laura Kövesi sought to clarify the measures by stating that investigators would not have access to the actual content of records or conversations without warrants, but rather the ordinances would allow access to information on telephone and electronic traffic. Ths meant investigators could find out with whom or how an individual communicated, but not what was said. Macovei said that the Romanian government obtained the technology to conduct his type of monitoring with financial support from the U.S. PD President Emil Boc
stated on the Romanian talk show Naşul that President Băsescu recommended that Macovei pass the emergency ordinances.
, media owner and leader of the Conservative Party (PC), presented to the media in September 2006 what he claimed were several blank search warrants issued by Monica Macovei in 1984 when she was a prosecutor during the communist period. The warrants allegedly bore her signature. The issue of blank warrants is particularly sensitive in Romania because they were used during the communist regime to allow prosecutors or police to conduct searches without due process. PC Deputy Secretary General and former Greater Romania Party
member Codrin Stefanescu made a similar claim against Macovei, saying the blank warrant with her signature enabled police during the communist period to search the house of any citizen—even to arrest them—if that appealed to their interests.
Macovei replied that the warrant Voiculescu showed to the press was worthless, as it was neither dated nor registered and therefore never valid. She accused Voiculescu of using Securitate-style tactics in making the accusations against her, a clear reference to Voiculescu's own past as a collaborator
with the former communist secret police. Voiculescu has been among Macovei's strongest critics in the Parliament.
went so far as calling her a drunk and a thief in the Romanian newspaper Editie Speciala on 20 February 2007 http://www.editie.ro/mod.php?mod=stiri&idstire=40165.
In 2005, the newspaper Evenimentul Zilei
published an apology to Macovei after the newspaper printed a fallacious article accusing Macovei of getting drunk and breaking glasses at the National Lawyers Congress. After condemnation from the Romanian Press Club, the newspaper undertook an investigation and determined that the report included serious errors and should have never been printed.
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
n politician, lawyer and former prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
, currently a Member of the European Parliament
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
from the Democratic Liberal Party
Democratic Liberal Party (Romania)
The Democratic Liberal Party is a populist, centre-right party in Romania. It was formed on 15 December 2007, when the Democratic Party merged with the Liberal Democratic Party. From 2004 to 2007, the Democratic Party was part of the governing Justice and Truth Alliance...
. She was the Minister of Justice
Ministry of Justice (Romania)
The Ministry of Justice of Romania is one of the fifteen ministries of the Romanian Government. It administers the judicial system.The current minister of justice is Cătălin Predoiu, an independent.-External links:* *...
of Romania
Romania
Romania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
in the first cabinet of Prime Minister Călin Popescu-Tăriceanu
Calin Popescu-Tariceanu
Călin Constantin Anton Popescu-Tăriceanu is a Romanian politician. He was the Prime Minister of Romania between 29 December 2004 and 22 December 2008...
. In this position she was credited with implementing justice reforms that helped Romania enter the European Union (EU)
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
on January 1, 2007.
Early career
Monica Macovei graduated in 1982 with honors from the Law Faculty of the University of BucharestUniversity of Bucharest
The University of Bucharest , in Romania, is a university founded in 1864 by decree of Prince Alexander John Cuza to convert the former Saint Sava Academy into the current University of Bucharest.-Presentation:...
; in 1994 she received a master's of law in comparative constitutional law from the University of the State of New York
University of the State of New York
The University of the State of New York is the State of New York's governmental umbrella organization responsible for most institutions and people in any way connected with formal educational functions, public and private, in New York State...
/Central European University
Central European University
For other uses, see European University Central European University is a graduate-level, English-language university offering degrees in the social sciences, humanities, law, public policy, business management, environmental science, and mathematics...
. She has served as a lecturer in law at the University of Bucharest. She has also authored a number of books and articles on legal and human rights themes.
Macovei was a prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
between 1983 and 1997, during the Communist and in the post-Communist Romania, resigning after an investigation by the Prosecutor's Office accused her of "repeated negligence in dealing with cases and repeated delays in resolving some cases". From 1997 to 2004 she was a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
with the Bucharest Bar.
Civic activist
Prior to her appointment as Justice Minister, Macovei was an civil societyCivil society
Civil society is composed of the totality of many voluntary social relationships, civic and social organizations, and institutions that form the basis of a functioning society, as distinct from the force-backed structures of a state , the commercial institutions of the market, and private criminal...
activist for political reform, democratization
Democratization
Democratization is the transition to a more democratic political regime. It may be the transition from an authoritarian regime to a full democracy, a transition from an authoritarian political system to a semi-democracy or transition from a semi-authoritarian political system to a democratic...
, and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
in post-1989 Romania. She served from 2001-2004 as president of the Association for the Defence of Human Rights in Romania - The Helsinki Committee (APADOR-CH).
Macovei has served as an expert/advisor to the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, the European Roma Rights Center, the UN Development Program, the Open Society Institute
Open Society Institute
The Open Society Institute , renamed in 2011 to Open Society Foundations, is a private operating and grantmaking foundation started by George Soros, aimed to shape public policy to promote democratic governance, human rights, and economic, legal, and social reform...
, and the International Helsinki Federation for Human Rights
International Helsinki Federation for Human Rights
The International Helsinki Federation for Human Rights was a self-governing group of non-governmental, not-for-profit organizations that act to protect human rights throughout Europe, North America and Central Asia...
. She was a founding member of Transparency International-Romania. She conducted research on gender in Romanian law and on violence against women
Violence against women
Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women...
, among many other issues. During this period, she spoke out for the need to reform Romanian justice and remove institutional protections for officials involved in corruption.
She also called attention to police brutality
Police brutality
Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer....
and impunity, continued political influence over the judiciary, and the lack of strong legal culture in Romania, among other issues.
In 2002, along with other Romanian human rights activists, she stood against the indictment of a former aide to previous President Emil Constantinescu
Emil Constantinescu
Emil Constantinescu was President of Romania from 1996 to 2000.He graduated from the law school of the University of Bucharest, and subsequently started a career as a geologist...
after he accused then Prime Minister Nastase of corruption. Romanian news commentators agreed with her, noting what they called a serious attack on the freedom of expression. Macovei, herself, characterized the arrest as "one of the worst attempts to muzzle the press in Romania" since communism collapsed. The arrest received widespread attention in Europe as an example of alleged abuses against the press at the time.
While an activist, Macovei assisted Romanian gay rights
Gay rights in Romania
Lesbian, gay, bisexual, and transgender persons in Romania may face legal challenges not experienced by non-LGBT residents. Romania, like a number of other Eastern European countries, remains socially conservative with regard to the rights of gay, lesbian, bisexual, and transgender citizens...
groups in overturning Article 200
Article 200
Article 200 was a section of the Penal Code of Romania that criminalised homosexual relationships. It was introduced in 1968, under the communist regime, during the rule Nicolae Ceauşescu, and remained in force until it was repealed by the Năstase government on 22 June 2001...
, one of the last sodomy law
Sodomy law
A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
s in Europe. While Minister of Justice, Macovei intervened in May 2005 to help ensure that the Romanian LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
rights group ACCEPT
ACCEPT
ACCEPT is the primary nongovernmental organization advocating for the rights of gay, lesbian, bisexual, and transgender people in Romania. It is based in Bucharest and also acts as the Romanian representative at ILGA-Europe...
could hold the country's first pride parade, the Bucharest GayFest
GayFest
GayFest is the annual gay pride festival of Bucharest, Romania, which first took place in 2004 and now occurs in May-June of each year, lasting for nearly a week. It is organised by the non-profit organisation ACCEPT, the country's largest lesbian, gay, bisexual and transgender rights organisation...
, after the Bucharest City Hall had denied the group a parade permit.
In 1997, Macovei was an Eisenhower Exchange Fellow, an honor awarded to "men and women of outstanding achievement in mid-career, who are expected to assume positions of influence and make a difference" in their home regions, countries, or globally.
Justice Minister
Macovei was appointed Justice Minister in December 2004, following the surprise victory of then Democratic Party (PD) leader Băsescu in the second round of presidential elections against Social Democratic Party (PSD)Social Democratic Party (Romania)
The Social Democratic Party is the major social-democratic political party in Romania. It was formed in 1992, after the post-communist National Salvation Front broke apart. It adopted its present name after a merger with a minor social-democratic party in 2001. Since its formation, it has always...
candidate Adrian Năstase
Adrian Nastase
Adrian Năstase is a Romanian politician who was the Prime Minister of Romania from December 2000 to December 2004.He competed as the Social Democratic Party candidate in the 2004 presidential election, but was defeated by centre-right Justice and Truth Alliance candidate Traian Băsescu.He was...
. Băsescu's victory was characterized in the media as Romania's "Orange Revolution," comparing the victory of perceived reformists in Romania to events in neighboring Ukraine
Orange Revolution
The Orange Revolution was a series of protests and political events that took place in Ukraine from late November 2004 to January 2005, in the immediate aftermath of the run-off vote of the 2004 Ukrainian presidential election which was claimed to be marred by massive corruption, voter...
during the same period. It was also a reference to the orange color used by the winning Justice and Truth Alliance
Justice and Truth
The Justice and Truth Alliance was a political alliance comprising two political parties in Romania: the centre-right liberal National Liberal Party and the initially social-democrat Democratic Party , which later switched to center-right ideology.As the political formation with the largest...
, which comprised the PD and the National Liberal Party (PNL)
National Liberal Party (Romania)
The National Liberal Party , abbreviated to PNL, is a centre-right liberal party in Romania. It is the third-largest party in the Romanian Parliament, with 53 seats in the Chamber of Deputies and 22 in the Senate: behind the centre-right Democratic Liberal Party and the centre-left Social...
led by Calin Popescu-Tăriceanu. Independent civil society organizations played an important role in securing the victory of the Justice and Truth Alliance, and Macovei's appointment was seen as acknowledgement of this contribution. As an activist who had spent much of her career advocating for judicial reform in Romania, she also appeared to be well-situated to implement extensive reforms as well as increased efforts against high profile corruption, both of which were requirements for EU accession. Anti-corruption was also a prominent theme in the parliamentary
Romanian legislative election, 2004
The Romanian legislative election of 2004 was held on 28 November 2004. 137 seats in the Senate of Romania and 314 seats in the Chamber of Deputies were up for election.The 2004 legislative election was held simultaneously with the presidential election...
and presidential elections
Romanian presidential election, 2004
A presidential election was held in Romania on November 28, 2004. 12 candidates competed for the office. As no candidate won more than 50% of the votes, a run-off was held on December 12, 2004, between the two leading candidates: prime minister Adrian Năstase of the ruling Social Democratic Party...
of that year.
Shortly after her appointment, Macovei stated that "fighting corruption" would be one of the top priorities of the Ministry of Justice under her leadership.
Many of Macovei's actions as minister were aimed at eliminating vestiges of communism from the Romanian justice system. She disbanded the Justice Ministry's secret service, called the General Directorate for Protection and Anti-Corruption
Directia Generala de Protectie si Anticoruptie
Direcţia Generală de Protecţie şi Anticorupţie was the secret service of the Ministry of Justice of Romania.It was disbanded in 2006.-See also:* SRI* SIE* SPP* STS* DGIA* DGIPI...
, which had continued operating after the fall of communism. The organization had been wiretapping judges and gathering other information, which, Macovei stated, "we do not really know ended up where or with whom." She also implemented new procedures to check the backgrounds of judges and prosecutors to determine if they had worked with the former Securitate
Securitate
The Securitate was the secret police agency of Communist Romania. Previously, the Romanian secret police was called Siguranţa Statului. Founded on August 30, 1948, with help from the Soviet NKVD, the Securitate was abolished in December 1989, shortly after President Nicolae Ceaușescu was...
internal intelligence service and to remove those who had collaborated. Macovei secured passage of legislation to eliminate immunities accorded to former government ministers and other government notables and to make tax evasion a criminal offense. She increased the salaries of judges and prosecutors to make them less susceptible to bribes.
Macovei was also credited with invigorating the National Anticorruption Directorate
National Anticorruption Directorate
National Anticorruption Directorate , formerly National Anticorruption Prosecution Office , is the Romanian agency tasked with preventing, investigating and prosecuting corruption-related offenses that caused a material damage higher than €200,000 or whose value of the involved amounts or goods is...
(DNA), which had been set up several years before to investigate and prosecute large scale corruption cases and those involving Members of Parliament and other high level officials. Macovei appointed a new head of the Directorate, prosecutor Dan Morar, under whose leadership the DNA issued an indictment against Chamber of Deputies
Chamber of Deputies of Romania
The Chamber of Deputies is the lower house in Romania's bicameral parliament. It has 315 seats, to which deputies are elected by direct popular vote on a proportional representation basis to serve four-year terms...
president and former prime minister Adrian Năstase
Adrian Nastase
Adrian Năstase is a Romanian politician who was the Prime Minister of Romania from December 2000 to December 2004.He competed as the Social Democratic Party candidate in the 2004 presidential election, but was defeated by centre-right Justice and Truth Alliance candidate Traian Băsescu.He was...
, the highest level official to face prosecution in a corruption case in the history of post-communist Romania. The DNA also indicted eight Members of Parliament, two serving government ministers, nine judges and prosecutors, and 70-80 police and customs officers.
Prime Minister Popescu-Tăriceanu dismissed Macovei on April 2, 2007, when he reshuffled his cabinet primarily to exclude the Democratic Party (PD) of President Traian Băsescu
Traian Basescu
Traian Băsescu is the current President of Romania. After serving as the mayor of Bucharest from June 2000 until December 2004, he was elected president in the Romanian Presidential Elections of 2004 and inaugurated on December 20, 2004...
, with whom he remained engaged in a prolonged and heated public feud.
International media characterized the cabinet change and Macovei's dismissal as an end to the reform efforts Romania had enacted in the previous two years to enter the EU.
Conflicts with Parliament
Over the same period, Macovei often fought with the Romanian ParliamentParliament of Romania
The Parliament of Romania is made up of two chambers:*The Chamber of Deputies*The SenatePrior to the modifications of the Constitution in 2003, the two houses had identical attributes. A text of a law had to be approved by both houses...
over her anti-corruption initiatives. Opposition MPs accused her of abuse of power, while Macovei stated that MPs sought to stop judicial reform and anti-corruption efforts to protect their own interests. In 2006, the Parliament initially voted against a measure by Macovei to keep the DNA operating as an independent office. Opposition MPs stated the negative vote was partially due to Macovei's failure to appear in the Parliament to defend the measure. They also questioned the DNA's independence from political influence. President Băsescu vetoed the Parliament's action, and, after international pressure and political negotiations, the Parliament ultimately voted on a revised measure to retain the DNA's authorities and independence. Independent political commentator Cristian Pârvulescu suggested the Parliament's initial negative vote was influenced by the large number of anti-corruption investigations initiated by the DNA under Macovei.
Macovei encountered similar resistance in efforts to create a new National Integrity Agency (ANI) to check the source of MPs and ministers' assets and investigate possible conflicts of interest. The draft law remained under consideration in the Parliament, where MPs reportedly altered and watered down the measures.
In October 2006, Macovei appointed 33 year-old lawyer Laura Kövesi
Laura Codruta Kövesi
Laura Codruţa Kövesi is the current Prosecutor-General of Romania , the head of the Public Ministry and General Prosecutor's Office attached to the High Court of Cassation and Justice...
as Prosecutor General In February 2007, the Romanian Senate Judicial Commission, however, voted to remove the authority of the Minister of Justice to nominate the Prosecutor General. The commission instead proposed assigning full authority over the nomination to the Superior Council of Magistrates (CSM). Macovei said that the Senate's measure, if approved by the full Parliament, would greatly impede the government's ability to combat corruption as the Prosecutor General is a central figure in that effort.
In its 2007 annual report on Romania, Reporters without Borders
Reporters Without Borders
Reporters Without Borders is a France-based international non-governmental organization that advocates freedom of the press. It was founded in 1985, by Robert Ménard, Rony Brauman and the journalist Jean-Claude Guillebaud. Jean-François Julliard has served as Secretary General since 2008...
characterized as "encouraging" reform of the Romanian penal code initiated by Macovei that would decriminalize defamation and libel. Macovei said the proposed reformed code, which included many other changes and had been posted on the Justice Ministry's website for public debate, was necessary for modernizing Romania's legal system and to comply with EU norms. It would replace a draft penal code passed into law in 2004, but never enacted, under former Justice Minister and current Conservative Party
Conservative Party (Romania)
The Conservative Party of Romania is a political party formed in 1991, after the fall of Communism, under the name of the Romanian Humanist Party . From 2005 until December 3, 2006, the party was a junior member of the ruling coalition...
Senator Rodica Stănoiu. The Romanian Senate disagreed and, in February 2007, passed a measure to enact the so-called "Stănoiu Code," instead of Macovei's penal code. Macovei said the "Stănoiu Code," if passed by the full Parliament, would bring Romanian penal justice to a halt.
Member of the European Parliament
Democratic Liberal Party (Romania)
The Democratic Liberal Party is a populist, centre-right party in Romania. It was formed on 15 December 2007, when the Democratic Party merged with the Liberal Democratic Party. From 2004 to 2007, the Democratic Party was part of the governing Justice and Truth Alliance...
(successor of the PD), and won a MEP
Member of the European Parliament
A Member of the European Parliament is a person who has been elected to the European Parliament. The name of MEPs differ in different languages, with terms such as europarliamentarian or eurodeputy being common in Romance language-speaking areas.When the European Parliament was first established,...
seat on the party's list in that years European Parliament Elections
European Parliament election, 2009 (Romania)
The European Parliament election of 2009 in Romania is the election of the delegation from Romania to the European Parliament in 2009.-Candidates and elected MEPs:Among those expected to take up seats are :...
.
In May of 2011 she was elected as one of the 15 vice presidents for the National Coordinating Council of the ruling Democratic Liberal Party
Democratic Liberal Party (Romania)
The Democratic Liberal Party is a populist, centre-right party in Romania. It was formed on 15 December 2007, when the Democratic Party merged with the Liberal Democratic Party. From 2004 to 2007, the Democratic Party was part of the governing Justice and Truth Alliance...
(PDL). The 15 vice presidents are: Gheorghe Scripcaru, Elena Udrea
Elena Udrea
Elena Gabriela Udrea is a Romanian politician. A member of the Democratic Liberal Party , she has been a member of the Romanian Chamber of Deputies for Bucharest since 2008...
, Mircea Hava, Traian Igas, Gheorghe Stefan
Gheorghe Stefan (politician)
Gheorghe Ştefan is a Romanian politician and mayor of Piatra Neamţ and owner of FC Ceahlăul Piatra Neamţ. He is currently a member of the Democratic Liberal Party....
, Anca Boagiu
Anca Boagiu
Anca-Daniela Boagiu is a Romanian engineer and politician. A member of the Democratic Liberal Party , she was a member of the Romanian Chamber of Deputies for Bucharest from 2000 to 2008 and has sat in the Romanian Senate, also for Bucharest, since 2008...
, Dorin Florea, Sever Voinescu
Sever Voinescu
Sever Voinescu is a Romanian journalist, political analyst, diplomat and right-wing politician. A Foreign Affairs Ministry figure during the mid-1990s, he was later a Consul General of Romania in Chicago, United States. Voinescu became known as a columnist for Dilema Veche weekly and Cotidianul...
, Mihai Stanisoara
Mihai Stănişoară
Mihai Stănişoară is a Romanian engineer and politician. A member of the Democratic Liberal Party , he was a member of the Romanian Chamber of Deputies for Mehedinţi County from 2000 until March 2007, and has sat in the Romanian Senate since December 2008, representing the same county...
, Monica Macovei
Monica Macovei
Monica Luisa Macovei is a Romanian politician, lawyer and former prosecutor, currently a Member of the European Parliament from the Democratic Liberal Party. She was the Minister of Justice of Romania in the first cabinet of Prime Minister Călin Popescu-Tăriceanu...
, Mihaela Popa, Florin Popescu
Florin Popescu
Florin Popescu is a Romanian sprint canoer who competed from the mid 1990s to 2005. Competing in two Summer Olympics, he won two Olympic medals at Sydney in 2000 with teammate Mitică Pricop...
, Victor Tarhon, Teodor Paleologu and Romeo Raicu.
International and domestic recognition
Macovei received much praise internationally from politicians and the media for the reforms she implemented. EU Commissioner for Enlargement Olli RehnOlli Rehn
Olli Ilmari Rehn is a Finnish politician, currently serving as European Commissioner for Economic and Financial Affairs. He had previously served as Commissioner for Enlargement...
stated that as a result of Macovei's efforts "For the first time in the history of the country, nobody is above the law."
European Commissioner for Justice Franco Frattini said that a "big part of the success of Romania's EU accession was achieved as a result of Macovei's work."
The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
described Macovei as:
Macovei was nominated for the Campaigner of the Year 2006 award, as part of the European Voice Europeans of the Year Awards, for "driving through tough laws tackling corruption and reforming the judiciary, improving her country’s readiness to join the EU."
Noted Romanian academic and former Foreign Minister Andrei Pleşu
Andrei Plesu
Andrei Gabriel Pleşu is a Romanian philosopher, essayist, journalist, literary and art critic, and politician.- Biography :Born in Bucharest, the son of Radu Pleşu, a surgeon and Zoe Pleşu , he spent much of his early youth in the country side...
(who also briefly served as an advisor to President Băsescu) described Macovei, in her fight against corruption, as :
Controversies
Macovei was involved in a number of controversies in Romania while Justice Minister, sometimes indirectly. Media and groups in support of Macovei noted that domestic criticism against her by the local media and Romanian parliament increased markedly after Romania's accession to the EU when politicians no longer worried about implications in Brussels. They also said such attacks stemmed from a broader and very public conflict between Prime Minister Popescu-Tăriceanu and President Traian Băsescu, which divided the ruling coalition and to the break-up of the "Justice and Truth Alliance." The center-right coalition government came to power as a result of Băsescu's 2004 presidential victory. As president, he has the authority to appoint the prime minister, but not to dismiss him. As a result, when conflict erupted between the two, Popescu-Tăriceanu could remain and power and push out from government Băsescu's Democratic Party, with which Macovei was associated.Macovei consistently stated that the attacks lodged against her by politicians were "proof that reform was on the right track" under her leadership.
Intervention by the Prime Minister for a businessman under investigation
In June 2005, Prime Minister Popescu-Tăriceanu sought Macovei's intervention in a corruption case against RompetrolRompetrol
The Rompetrol Group N.V. , is a Romanian oil company, that operates in many countries throughout Europe:unclear what "market share": refining? downstream? extraction? well services?*Romania - 2nd largest oil company, 40% market share...
chairman and important PNL member, Dinu Patriciu
Dinu Patriciu
Dan Costache "Dinu" Patriciu , is a billionaire businessman and entrepreneur with a long standing involvement in real estate. In 1998 he led an investor buyout of the previously state-owned Romanian oil company, Rompetrol...
. According to multiple media sources, Popescu-Tăriceanu called Macovei to his office for a meeting with Patriciu, who complained about alleged procedural problems and other aspects of his case. Macovei fully acknowledged the meeting in the media, as well as her surprise that the Prime Minister had organized the meeting. There was no indication that Macovei allowed the meeting to affect Patriciu's case, which remained under investigation.
Anti-Macovei motion
On February 13, 2007 the Romanian Senate passed a simple motionMotion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
against Macovei, laying out what it called complaints against her and requesting her resignation. The motion was titled "Lying - Macovei's Way of Justice". It was supported by 81 senators out of 137. This was the first time the Romanian Parliament had passed such a motion against an individual cabinet member. The motion accused Macovei of delaying justice reform (and in particular the application of the 2004 Penal Code), intervention in the judicial process (which is forbidden by Romanian law), facilitating through incompetence and negligence the release of several criminals, and committing repeated attacks on the activity of the Parliament. It called for her resignation and for urgent measures guaranteeing the independence of judges and prosecutors from political influence. The vote was tabled by the Conservative Party
Conservative Party (Romania)
The Conservative Party of Romania is a political party formed in 1991, after the fall of Communism, under the name of the Romanian Humanist Party . From 2005 until December 3, 2006, the party was a junior member of the ruling coalition...
, with support from the other parties in opposition, primarily the Social Democratic Party (PSD)
Social Democratic Party (Romania)
The Social Democratic Party is the major social-democratic political party in Romania. It was formed in 1992, after the post-communist National Salvation Front broke apart. It adopted its present name after a merger with a minor social-democratic party in 2001. Since its formation, it has always...
and the nationalist Greater Romania Party
Greater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....
. The number of votes against her indicated that many Senators from her own center-right governing bloc
Justice and Truth
The Justice and Truth Alliance was a political alliance comprising two political parties in Romania: the centre-right liberal National Liberal Party and the initially social-democrat Democratic Party , which later switched to center-right ideology.As the political formation with the largest...
did not support her. The vote was taken by secret ballot.
The Constitutional Court
Constitutional Court of Romania
The Constitutional Court of Romania is the institution which rules on whether the laws, decrees or other bills enacted by Romanian authorities are in conformity with the Constitution....
, however, ruled that the vote of no confidence did not force her to resign and she remained in office, with the public support of the Prime Minister.
A number of MPs from several parties called on Macovei to step down regardless of the Constitutional Court's decision in her favor, stating they would block any new legislative initiatives from her. Several said they based their vote on her failure to communicate with the Parliament. Greater Romania Party leader Corneliu Vadim Tudor
Corneliu Vadim Tudor
Corneliu Vadim Tudor is leader of the Greater Romania Party , writer, journalist and a Member of the European Parliament...
called Macovei a "grovelling tool of Cotroceni Palace
Cotroceni Palace
Cotroceni Palace is a palace in Bucharest which is the residence of the President of Romania, located at Bulevardul Geniului, nr. 1.On Cotroceni Hill, in 1679, Şerban Cantacuzino built a monastery...
," which is the official office of President Basescu. Opposition MPs in the Chamber of Deputies said they planned to file a similar motion against her in the lower house.
European Commissioner for Justice Frattini came out quickly in support of Macovei following the motion, stating publicly that he "held Macovei in high regard." Other European officials also stated their support for her. The Social Democratic Party Deputy Speaker of the German Bundestag warned that Macovei's dismissal as a result of the parliamentary motion could lead the EU to invoke the safe guard clauses the EU introduced to prevent Romania from leaving the path of reform in the Justice sector and other fields after it joined the EU. The European Commission (EC) however, officially took a neutral position, with the EC spokesman stating "this vote is a domestic issue for Romania and cannot be commented upon.”
In addition, there was a protest in her support by a number of civil society organizations, including Freedom House
Freedom House
Freedom House is an international non-governmental organization based in Washington, D.C. that conducts research and advocacy on democracy, political freedom and human rights...
, the Romanian Academic Society
Romanian Academic Society
The Romanian Academic Society is a Bucharest-based think tank and NGO founded in 1996. It is considered close to the right wing of politics.SAR seeks to...
and APADOR-CH, with organizers stating that MPs passed the motion against Macovei because they were worried by her push for more transparency and stricter controls on conflicts of interest. Transparency International condemned the anti-Macovei motion, stating that the text voted by the Senate was "written in a superficial manner and motivated by political reasons, ignoring the principle of independence of judiciary." Journalist Traian Ungureanu said "We do not want our country to be stolen by few oligarchs in the Parliament."
International media attributed the vote of no-confidence to legislators' opposition to the National Integrity Agency, which Macovei sought to create to examine MPs' accounts. The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
described the motion against Macovei as a by-product of the feud between the Prime Minister and the President. The on-line journal Southeast Europe Times noted that Macovei had several public disputes with judges on the Superior Council of Magistrates, most of whom are associated with the opposition Social Democratic Party that supported the motion.
Macovei, herself, expressed the view that the Parliament could only be seeking to get rid of her because of her efforts against corruption, including investigations by her ministry against several members of the Senate. She stated that the investigations were carried out regardless of political party affiliation.
Political affiliation
Monica Macovei always claimed to be independent from any political party and not susceptible to political pressure. Nonetheless, the Democratic Party (PD) of President Traian Băsescu remained her strongest backer within the government. She supported Băsescu and the PD in opposing Popescu-Tăriceanu's decision on March 12, 2007 to postpone Romania's European Parliament electionsEuropean Parliament election, 2007 (Romania)
Romania elected its members of the European Parliament for the first time on 25 November 2007; the election was initially scheduled for 13 May, but the PM postponed it for domestic political reasons...
from May until autumn 2007 due to what he characterized as ongoing domestic disputes. This has been viewed as a key indicator of her sympathies with the PD, although she stated her opposition to the elections delay was for legal reasons. The media reported that Popescu-Tăriceanu and his National Liberal Party (PNL)
National Liberal Party (Romania)
The National Liberal Party , abbreviated to PNL, is a centre-right liberal party in Romania. It is the third-largest party in the Romanian Parliament, with 53 seats in the Chamber of Deputies and 22 in the Senate: behind the centre-right Democratic Liberal Party and the centre-left Social...
sought to expel her from the cabinet as a result of this position, which was linked to the broader public conflict between Popescu-Tăriceanu and Băsescu as well as the emergence of a political realignment against the PD.
The media aligned her with the PD and Traian Băsescu on many occasions, with some critics going as far as to call her "Traian Băsescu's pawn" and a "drinking buddy" of the Romanian president. In Adevărul
Adevarul
Adevărul is a Romanian daily newspaper, based in Bucharest. Founded in 1871 and reestablished in 1888, it was the main left-wing press venue to be published during the Romanian Kingdom's existence, adopting an independent pro-democratic position, advocating land reform and universal suffrage...
, Macovei's relationship with Traian Băsescu was lampooned with the assertion that the president had transmitted "love letters" to her through the Justice Ministry. The same newspaper accused Macovei of creating tensions within the Justice Ministry. Mircea Badea
Mircea Badea
Mircea Badea is a Romanian political satirist, television host, media critic, radio personality and occasional actor...
, a television show moderator, alleged that Băsescu wanted Monica Macovei to remain the Minister of Justice so that she could cover up his illegal affairs, including the so-called "Fleet File" investigation, in which the president was accused of selling out the entire Romanian fleet at a very low cost while he was Minister of Transportation in the 1990s.
Accusation against Secretary General of the Government
Macovei accused Secretary General of the Government Radu Stroe on March 14, 2007, of illegally changing the text of laws between the time they are passed by the Parliament and printed in the official monitor. Stroe denied the allegation, which he said should be grounds for removing Macovei from the government. The media separately reported on the same day that Stroe had hired a personal advisor under criminal investigation for tax evasion and links to organizedcrime. Stroe dismissed the advisor after the report. Popescu-Tăriceanu publicly supported Stroe against Macovei during the roe.
Alleged abuse of power
Monica Macovei was on several occasions accused of abuse of powerAbuse of Power
Abuse of Power is a novel written by radio talk show host Michael Savage.- Plot :Jack Hatfield is a hardened former war correspondent who rose to national prominence for his insightful, provocative commentary...
in her position as Minister of Justice. One such incident involved a comment she made on national television that reporters had no right to criticize her and her ministry and that they should pay attention to their own "problems with Romanian justice." Her comment appeared aimed at the director of the Romanian newspaper Ziua
Ziua
Ziua was a major Romanian daily newspaper published in Bucharest. It was published in Romanian with a fairly sizeable and often informative English section. Ziua was founded in 1994 by Sorin Roşca Stănescu, eventually becoming foreign-owned...
, Sorin Roşca Stănescu, who had been particularly vocal in making allegations against Macovei. Aidan White, president of the International Federation of Journalists
International Federation of Journalists
International Federation of Journalists, IFJ, is a global union federation of journalists' trade unions—the largest in the world. The organization aims to protect and strengthen the rights and freedoms of journalists...
(IFJ), criticized Macovei's assertion, saying that "Any journalist should be granted the presumption of innocence especially by the Minister of Justice."
Superior Council of Magistrates (CSM) Judge Florica Bejinaru also accused Macovei of "political police-style" tactics to try to obtain her resignation. Bejinaru had reportedly been found to have worked with the Securitate
Securitate
The Securitate was the secret police agency of Communist Romania. Previously, the Romanian secret police was called Siguranţa Statului. Founded on August 30, 1948, with help from the Soviet NKVD, the Securitate was abolished in December 1989, shortly after President Nicolae Ceaușescu was...
intelligence service during the communist period, a factor that would generally disqualify her from holding a position on the CSM. Bejinaru admitted having collaborated with the Securitate, but denied ever harming anyone. The agency charged with reviewing the Securitate archives cleared Bejinaru of collaboration; Macovei has appealed the finding.
Ziua
Ziua
Ziua was a major Romanian daily newspaper published in Bucharest. It was published in Romanian with a fairly sizeable and often informative English section. Ziua was founded in 1994 by Sorin Roşca Stănescu, eventually becoming foreign-owned...
editorialist Sorin Roşca Stănescu and his colleague Răzvan Săvăliuc alleged that the NGOs supporting Macovei against the Romanian Parliament had done so because they received funding from the Ministry of Justice or because they supported controversial causes linked to Macovei.
Shortly after Macovei became Minister of Justice, some media alleged that a court case concerning the ownership of a house was resolved in an irregular fashion to the advantage of Macovei's mother. Macovei denied any involvement in the case.
Ordinances No. 99 and 131
In late 2006, Macovei recommended and secured passage by the Cabinet of two emergency ordinances (no. 99 and 131) to allow monitoring in some circumstances without warrant of phone calls, electronic mail, and bank accounts by the Department of Investigation of Organized Crime and Terrorism Offences (DIICOT). In doing so, she found herself very publicly opposed by many of the civil society organizations that had otherwise supported her efforts and with which she had worked as an activist before entering the government. The ordinances were passed without public or parliamentary debate. Emergency ordinances have the effect of law, but do not require an immediate vote by the Parliament. The two ordinances concerned have been loosely compared to the U.S. Patriot Act in terms of the powers they give to authorities investigating certain types of crime.Critics in the Parliament, media, and civil society, including the Civic Media Association and APADOR-CH, called the ordinance unconstitutional and a violation of privacy as protected by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. Several opposition Senators also referenced these ordinances as a reason they passed the February 2007 motion calling for her resignation.
Renate Weber, former advisor to Basescu and president of the Open Society Foundation, said the measures exemplified:
Macovei and General Prosecutor Laura Kövesi sought to clarify the measures by stating that investigators would not have access to the actual content of records or conversations without warrants, but rather the ordinances would allow access to information on telephone and electronic traffic. Ths meant investigators could find out with whom or how an individual communicated, but not what was said. Macovei said that the Romanian government obtained the technology to conduct his type of monitoring with financial support from the U.S. PD President Emil Boc
Emil Boc
Emil Boc is the Prime Minister of Romania, having served since December 2008. In June 2004, he was elected Mayor of Cluj-Napoca, the largest city in Transylvania. Boc is also the president of the Democratic Liberal Party, who designated him as Prime Minister in 2008. On October 13, 2009, his...
stated on the Romanian talk show Naşul that President Băsescu recommended that Macovei pass the emergency ordinances.
Blank search warrants
Dan VoiculescuDan Voiculescu
Dan Voiculescu is a Romanian politician and former business man. He is the Vicepresident of the Romanian Senate and founding president of the Conservative Party in Romania. ....
, media owner and leader of the Conservative Party (PC), presented to the media in September 2006 what he claimed were several blank search warrants issued by Monica Macovei in 1984 when she was a prosecutor during the communist period. The warrants allegedly bore her signature. The issue of blank warrants is particularly sensitive in Romania because they were used during the communist regime to allow prosecutors or police to conduct searches without due process. PC Deputy Secretary General and former Greater Romania Party
Greater Romania Party
The Greater Romania Party is a Romanian radical right-wing, ultra-nationalist political party, led by Corneliu Vadim Tudor. The party is sometimes referred to in English as the Great Romania Party....
member Codrin Stefanescu made a similar claim against Macovei, saying the blank warrant with her signature enabled police during the communist period to search the house of any citizen—even to arrest them—if that appealed to their interests.
Macovei replied that the warrant Voiculescu showed to the press was worthless, as it was neither dated nor registered and therefore never valid. She accused Voiculescu of using Securitate-style tactics in making the accusations against her, a clear reference to Voiculescu's own past as a collaborator
Informant
An informant is a person who provides privileged information about a person or organization to an agency. The term is usually used within the law enforcement world, where they are officially known as confidential or criminal informants , and can often refer pejoratively to the supply of information...
with the former communist secret police. Voiculescu has been among Macovei's strongest critics in the Parliament.
Allegations of drinking problem and drug abuse
On 19 February 2007 several newspaper articles published accusations that Monica Macovei had a drinking problem, going as far as to accuse her of drug abuse. A newspaper article "Macovei: Sex, Drugs, Alcohol and Vila", alleged that Macovei, because of personal problems was used by alleged financial supporters to fabricate criminal investigation files against their political adversaries. Antonie IorgovanAntonie Iorgovan
Antonie Iorgovan , was a Romanian jurist, professor and politician. He was a member of the Romanian Senate in the period 1990-92 and 2000–07, representing the Social Democratic Party...
went so far as calling her a drunk and a thief in the Romanian newspaper Editie Speciala on 20 February 2007 http://www.editie.ro/mod.php?mod=stiri&idstire=40165.
In 2005, the newspaper Evenimentul Zilei
Evenimentul Zilei
Evenimentul Zilei is one of the leading newspapers in Romania. Based in Bucharest, the Romanian-language daily has a paid daily circulation of 110,000...
published an apology to Macovei after the newspaper printed a fallacious article accusing Macovei of getting drunk and breaking glasses at the National Lawyers Congress. After condemnation from the Romanian Press Club, the newspaper undertook an investigation and determined that the report included serious errors and should have never been printed.
Possible threat on life
In April 2006, Macovei entered her flat one evening to smell gas fumes filling her home from a nozzle that had apparently been turned or left on. Police found no apparent explanation for the incident, although the possibility remained that it was meant to be an attack on her. The press reported that the government provided no special security for her residence.External links
- http://english.hotnews.ro/Justice-minister-defends-reforms-in-online-debate-with-HotNews.ro-readers-articol_44391.htm
- http://www.seetv-exchanges.com/code/navigate.php?Id=259
- http://crib.mae.ro/index.php?lang=en&id=5402
- http://www.gandul.info/articol_27264/ministrul_justitiei_monica_macovei_se_afla_aseara_in_biroul_sefului_statului.html