Recommendations

Given the above, as well as the fact that most cases against Romania call into question the solutions handed down by the courts and the way in which the prosecutors acted, SoJust recommends the following :

· The implementation as soon as possible of the provisions of Recommendation (2004) 4E of the Committee of Ministers of the Council of Europe;

· Giving special importance to human rights education and including the course on European protection of human rights in the curricula of law, police, administrative and political sciences, social sciences, etc .;

· Making legislative changes in order to eliminate contradictions, lack of clarity and coherence of the normative acts in force; in this regard, a special department should be set up within the Ministry of Justice or the Legislative Council to verify the compatibility of all legislation;

· Better knowledge and acquisition of ECHR jurisprudence by domestic courts and direct application of ECHR decisions by Romanian magistrates, even before legislative changes; [47] as well as the adoption at national level of a clear plan for the continuous training of magistrates regarding the in-depth knowledge of the jurisprudence of the European Court of Human Rights.

· The adoption of a national strategy regarding the responsibility of the public administration bodies that order the sale of real estate to tenants by violating the decisions of the courts that ordered the restitution in kind to the owner, by establishing clear sanctions:

· Adopting a national strategy regarding the accountability of the magistrates’ body in order to interpret and apply the law uniformly.

· The adoption of legislation that explicitly prohibits the authorities involved in judicial proceedings (police, prosecutor’s office, special services, courts) but also other state authorities (government, ministries, parliament, county or local authorities) to rule on the guilt of a person before the existence of a final court decision of conviction.