Un punct de vedere asupra rolului magistraților în problematica diversității culturale
A point of view on the role of magistrates in the issue of cultural diversity

Summary/Abstract: This paper formulates a double plea regarding the relation between cultural diversity and justice. First, it emphasizes the need to clarify the role of the judge and of the public prosecutor in this equation. A few assumptions serve as a starting point: (1) multicultural jurisprudence is a social phenomenon which has become more frequent in contemporary societies, intersecting both civil and criminal law; (2) when cultural identity is part of the circumstances of a case, it can be relevant for the decision, and it can lead to the admissibility of cultural exceptions or to the application of mitigating circumstances based on culture; (3) the indictments and the verdicts have a deeper social impact, beyond the case. Consequently the role of the judicial authority in managing diversity is important, although not visible. The second plea focuses on the idea that traditional legal instruments are not adapted to multicultural contexts. More specifically, it proposes: (1) formulating a specific legal vocabulary; (2) identifying ethical principles to guide the reasoning of the magistrates; (3) creating new legal institutions that address diversity and (4) implementing educational programs to familiarize future judges and prosecutors with the topic. The fact that countries like Italy, France, Germany, and Romania face the same ethical dilemmas, in spite of having different jurisprudential challenges from different minorities, proves the need of a common vision on this matter at EU level. The study is also an invitation for the Romanian judges and prosecutors to debate these topics.

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