FNI, the dead cat

Investigated – debated – voted – passed on – we’re gone, this, in short, is the strain on the Romanian Parliament to solve the FNI case.

After the investigation commission drew up a report, and three of its members drew counter-reports, the parliament debate, which spread over two days, or 13 hours of mutual accusations, reached a conclusion: let the Government solve it.

And make it snappy, in two weeks. It couldn’t have been otherwise. MPs, by definition politically biased, could not attack one another, depending on political camps and interests, on a subject so sensitive.

Sensitive enough to prevent them from risking a decision that would hamper political capital. Much more so in full electoral campaign.

Of course, the predictable moment of lack of quorum was also encountered. And still, ask anyone among the chosen and he will tell honestly that the FNI issue is one of extreme gravity and importance, that it needs to be solved right away and that he is filled with compassion for the travails of FNI investors.

The first day was the ever-present image of the Parliament which does nothing but illustrates once again citizens’ opinions on this institution: nine hours of ardent talking, but alas, eventually the vote was impossible for lack of quorum.

The second day seemed more productive. The Government was commissioned, by vote, to find a solution within 15 days. Another classic example of tossing the dead cat.

But beyond the inefficiency of the great Parliament debate, it started off as useless. For two perfectly known reasons. First, because no matter what anyone says, FNI was a swindle, but a private one.

Investors willingly put their money into a private venture, delighted by suspiciously high returns, therefore they took a risk which, like it or not, they must bear for better or worse.

Second, the tangled FNI business is now in the spotlight of the justice. And the separation of powers in the state is – after all – the essence of democracy. Politicians should let justice decide who is responsible and who isn’t.

The problem is that some people who feel the guilt are insiders of some party or under its influence. This explains the passion politicians put in debating this case, and their zeal in pointing the finger before the legal system would pronounce, because some of those pointed at are going to fight them in the elections.

Another dangerous confusion politicians are toying with in the FNI case is that between state institutions and state officials. Because it may be possible that some officials – even high-ranking – may have encouraged the FNI swindle, but that should not make state institutions liable.

It is just as true that this is a generic disease in Romania: the “guilty” institutions are precisely indicated but, paradoxically, the people who did the wrongdoing, who breached the law, are not named, prosecuted, tried and sentenced. And in Romanian criminal law, only individuals, not legal persons, can be criminals.

In other words, only those officials found guilty by law should be considered guilty and punished according to the law. And the state’s institutions should be left to do their business.

They might do better if the “rotten apples” are sent to prison, so the remaining officials are encouraged to make less “mistakes.”

Sure, some will say, but only the tools in the hands of the top guns will be jailed. Could be, but this means that next time, the top guns with a wicked thought will find it harder to recruit tools to carry out their orders.

Due to this damaging confusion, we have corruption without the corrupt and disasters (see Bancorex) without anyone responsible.

Until otherwise proven, justice could find the guilty in the FNI case. If only the MPs should be kind enough not to influence the justice or the public opinion with noisy accusations, dictated only by public interest.

If our politicians are not starting a cleansing campaign and are complacent with this confusion, they will take over, with power, a set of state institutions citizens don’t give a dime for, inefficient and powerless, where honest public servants stand no chance and are seen as strange and ridiculous animals. After all, election winners could find themselves kings over an impressive pile of dead cats.