ECHR judge Corneliu Barsan said prosecutors who searched his home and confiscated his wife's computer and documents violated the Vienna Convention, which covers both him and his spouse, Gabriela.But legal advice from the country's top magistrate council said the search was legal as immunity is not granted to judges for their own benefit or to hamper the course of justice. A final vote on the legality of the move will be taken by the magistrates' council on Tuesday.
The vote is set to be closely watched by the European Commission, which has repeatedly criticised the council for being too lenient with misbehaving judges. Romania, as well as Bulgaria, are still being monitored by the EU executive on how they deal with corruption and organised crime. This is also the reason why entry into the border-free Schengen area was delayed indefinitely by the Netherlands and Finland last month.
Gabriela Barsan, who heads the administrative and fiscal litigation department in Romania's top appeals court, is accused - together with a subordinate - of having received jewellery, plane tickets and expensive restaurant dinners in exchange for favourable verdicts. The businessman who allegedly paid the bribes, Gabriel Chiriac, has claimed that he gave them jewellery "out of friendship", Romania Libera newspaper reported.
