No Rule of Law, No Democracy: Conflicts of Interest, Corruption, and Elections as Democratic Deficits by Cristina Nicolescu-Waggonner

Author:Cristina Nicolescu-Waggonner [Nicolescu-Waggonner, Cristina]
Language: eng
Format: epub
Tags: Criminology, Democracy, Political Ideologies, Comparative Politics, Social Science, Political Science
ISBN: 9781438462653
Google: fVd4DQAAQBAJ
Goodreads: 31384308
Publisher: SUNY Press
Published: 2016-11-10T11:39:43+00:00

5

Toward Rule of Law

Romania

Romania has an integrity system somewhat more developed than other new democracies. It is endowed with one anti-corruption agency, one integrity institution that checks inconsistencies of wealth declarations, and one EU Cooperation and Verification Mechanism, among other such mechanisms. This integrity system does not imply that officials or citizens necessarily possess more integrity or follow higher ethical codes than other new democracies. It just signals a commitment to the establishment of rule of law. This chapter illustrates how consistently punishing corrupt politicians with conflicts of interest, and their accomplices, leads to higher predictability of law enforcement. Despite positive results, two disclaimers are in order.

First, that a set of corrupt leaders has been put behind bars does not imply that rule of law has been established or that corruption is cured. This is only the first step in the process. As argued in the second chapter, the reason why punishing corrupt politicians is important is not because it will immediately lead to a totally functional society. It is significant because eliminating high officials with conflicts of interest frees the space for leaders with integrity, who are more responsive to constituencies, to make thorough reforms and to establish rule of law.

Romania is working on the first stage of the process and the results are encouraging. But only if the integrity system records continuous progress and consistency across the political board can a society move to the second step, systematic reforms. However, in this case, multiple politicians with conflicts of interest still hold power and still manipulate the judiciary. Aside from proving that predictability of enforcement comes from punishing corrupt politicians, the Romanian example holds an unpredictable future. Not enough time has passed (and not enough corrupt politicians have been put behind bars) for the institutions of integrity to be immune to political pressure and not threatened to disappear. On a regular basis, desperate politicians try to influence the work of prosecutors and investigators, or plainly attempt to vote their competencies down. Thus, the anti-corruption institutions are perhaps not as immune as the theory requires them to be.

Second, the argument is that a truly independent, powerful, and well-funded anti-corruption agency leads to predictability of law enforcement and establishment of rule of law. However, the Romanian institutions, at most, approximate these requirements. The Anti-corruption Directorate is still politically nominated and convictions still require the decisions of potentially corrupt judges. Is it possible that these institutions have been used for political purposes? Potentially, yes. Using anti-corruption campaigns to eliminate political leaders is a common occupation. Because of the points of vulnerability, these bodies may be the subject of influence, perhaps not in a systematic way, but most likely at the individual prosecutors’ level.

Even though there are positive findings, one must not forget that this is the first step, and a vulnerable one, in the establishment of rule of law. Only when corrupt politicians, without regard of political affiliation, are eliminated from power, can the real task of systematic reform start. Only then,

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