Civil Society’s voice under threat: Environmental organizations report Romanian Ministry of Energy to Brussels for intimidation practices
Five environmental organizations from Romania – Bankwatch Romania, Agent Green, Declic, Ecolegal Association, and Greenpeace Romania – have filed a complaint with the European Commission this month regarding the intimidation campaign by Romanian state authorities, with specific focus on recent statements by the Minister of Energy, Sebastian Burduja.
The decision to notify the European Commission comes following media reports from October 9, 2024, about alleged criminal complaints that the ministry would have filed against several NGOs active in environmental protection. While the ministry has not officially confirmed or denied these actions, the minister continues to publicly attack NGOs that challenge energy projects in court – projects already declared illegal by judges.
From Harassment to Criminalization: Authorities Systematically Target Environmental Defenders
Although pressure on environmental organizations has a long history in Romania, recent years mark a concerning intensification of intimidation tactics. In December 2021, under the pretext of investigating energy price increases, several organizations were summoned to appear before a parliamentary commission under threat of criminal prosecution for „obstructing the discovery of truth.” In 2022, intimidation intensified through multiple incidents of harassment and public defamation of environmental organizations and activists. A year later, parliamentarians attempted to restrict NGOs’ access to justice by imposing a 50,000 lei guarantee for challenging administrative acts.
International Intervention
The gravity of these actions has drawn international attention. In February 2024, the UN Special Rapporteur for environmental defenders made a special visit to Romania to investigate the situation. In September, they sent an official warning to the Romanian government regarding its failure to protect environmental defenders.
Statements
„Through this second letter sent to the Government, the Special Rapporteur dismantles the simplistic arguments brought by the Minister of Environment in his defense and points out that this communication is not just a box-ticking exercise. The Ministry of Environment, as Romania’s focal point for the Aarhus Convention, should ensure that environmental defenders are not penalized, persecuted, or harassed, including by actively communicating with colleagues from other ministries. Yet, on the very day by which the Ministry of Environment should have responded to the second letter, news emerged about a possible criminal complaint by Mr. Burduja against NGOs.” (Vlad Popescu, Director of Bankwatch Romania)
„Environmental protection is not just about nature, but also about protecting Romanians’ fundamental rights, such as the right to health, free expression, and protest. The intimidation of environmental activists and systematic attacks on civil society have no place in a pro-European democratic state. We join this solidarity effort between environmental organizations with determination and ask the European Commission to take a firm position regarding the submitted requests and the Romanian Government’s anti-democratic deviations. The freedom to challenge projects that endanger public health and our common future is essential.” (Elena Ionescu, Greenpeace CEE Romania Foundation)
Requests to the European Commission
Through this notification, the signatory organizations request the European Commission:
- Examine Romania’s compliance with its obligations under EU environmental law, including in light of the provisions of the Aarhus Convention.
- Assess whether the conducts described in this letter, to the extent that they have the aim or the effect of creating obstacles to access to justice, are relevant in light of Regulation 2020/2092.
- Take appropriate measures to ensure that Romanian authorities abstain from impairing, with harassment, threats or other formal or informal conducts, the exercise of environmental defenders’ right ensure they can continue their vital work without fear of legal reprisals or persecution.
- Duly consider the information provided in the letter for the purpose of the EU annual Rule of Law Report.
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