SENATE PASSES MOTION AGAINST REFORMIST JUSTICE

C O N F I D E N T I A L BUCHAREST 000170

SIPDIS

SIPDIS

STATE FOR NCE AARON JENSEN

E.O. 12958: DECL: 02/13/2016
TAGS: PGOV RO
SUBJECT: SENATE PASSES MOTION AGAINST REFORMIST JUSTICE
MINISTER MONICA MACOVEI

REF: A. BUCHAREST 0158


B. BUCHAREST 0144

Classified By: Deputy Chief of Mission Mark A Taplin for Reasons 1.4(b)
and (d).


1. (SBU) The Romanian Senate on February 13 voted 81 to 41 to
censure Justice Minister Monica Macovei for failings in
judicial reform . The censure motion, entitled "The Lie --
The Truth of Macovei's Justice System," was initiated by the
Conservative Party (PC) and endorsed by the main opposition
Social Democratic Party (PSD) and the extreme-nationalist
Greater Romania Party (PRM). Though the vote was by secret
ballot, the results indicate that some members of Prime
Minister Calin Popescu Tariceanu's National Liberal Party
(PNL) must have sided with the opposition. Macovei quickly
announced that she would not resign. PM Tariceanu announced,
in an effort to straddle the fence after announcing last week
he would not ask for the Minister's resignation, that his
government would align its point of view with that of the
Senate, and would urge Minister Macovei to adopt measures to
address the complaints.


2. (SBU) The censure motion accuses Macovei of failing to
enact a strategy to reform the justice system, for anemic
results in the fight against corruption, for blocking the
application of an amended penal code, and for a series of
organizational and legislative "failures." The motion also
condemns as a "diversion" a bill initiated by Macovei to
establish a National Integrity Agency (ANI) that would have
the power to investigate declarations of personal wealth and
possible conflicts of interest among politicians. The
establishment of the ANI was a key demand of Brussels in the
final stages of Romania's drive to secure EU accession. The
Senate motion urged the Prime Minister to dismiss Macovei,
and to forward legislation necessary for the European Union
integration process.


3. (C) Comment: The Romanian constitution states that
"simple motions" (by one chamber) do not carry the same
weight as a motion of "no-confidence" passed by the two
chambers in joint session, which could lead to the fall of
the government. Leading opposition Senators, however, have
argued that under the Senate's rules, the Prime Minister must
conform to the Senate's position and force Macovei to step
down. Although it is unclear what would happen if the PM
rejected the motion in its entirety, PC President Dan
Voiculescu and even some Liberals from the PM's camp have
insisted that she go, with Voiculescu openly threatening to
launch a vote of no-confidence in the government next week if
Tariceanu does not comply. Based on PM Tariceanu's earlier
comments to the Ambassador (ref B),as well as a public
endorsement of Macovei by European Vice-President Frattini,
an outright dismissal of the Justice Minister seems unlikely.
Yet Tariceanu has demonstrated time and again that he can
change his mind, and even more so that his entourage can
change his mind for him. The censure effort against Macovei
can also be seen as a "test run" at the opposition's
principal target, President Basescu. The fact that some PNL
members sided with the opposition suggests that PSD Geoana
may be able to attract some measure of anti-Basescu support
even from within Liberal ranks. End Comment.
TAUBMAN