The court made the decision on November 30 upon the request of Romania's state prosecutors, who allege that Gabriela Birsan, wife of EctHR judge Corneliu Birsan and a judge in the country's highest court, accepted money and gifts in exchange for favorable verdicts.
However, rather than waive Birsan's immunity altogether, the court decided to split his protection and only waive the component relative to his spouse. “to the extent strictly necessary for the conduct of the investigation,” the court wrote in a news release.
Birsan claimed immunity for himself and his wife in mid-October, after Romanian police searched one of his family’s homes, which resulted in the confiscation of computers and jewelry. Since Romanian prosecutors had obtained a waiver of the Birsans’ immunity, Mr. Birsan sought to uphold his international immunity given by the EctHR, who initially supported him.
The decision to waive his wife’s immunity does not extend to Mr. Birsan, and it is not retroactively valid. Therefore, evidence gathered during the search on the judges’ family home cannot be considered in court. It remains unclear whether or not prosecutors will have the right to search joint bank accounts or joint property.
Romania’s progress in its battle against corruption is being heavily watched by the European Commission and it will determine whether or not the country can enter Europe’s visa-free Schengen travel zone. The Netherlands remains opposed to their entry because it still perceives high levels of corruption and organized crime in Romania.
