Reforma sistemului judiciar. modificãrile codului de procedurã civilã si ale legislaþiei conexe aduse prin legea nr. 202/2010 privind unele masuri pen
Judicial reform. amendments to the code of civil procedure and related legislation under law no. 202/2010 regarding some measures to accelerate dispu

Summary/Abstract: Amendments to the civil procedural law under Law no. 202/2010 must be construed in the national and European context in which they were adopted and in conjunction with the extensive legislative changes in the judicial field that shall be effective in a future foreseen not so distant.Judicial reform dates back to the post-revolutionary period, by the adoption of the Constitution in 1991, of Law no. 92/1992 on judicial organization and of Law no. 59/1993 on the amendment of the Code of Civil Procedure. Another important stage of the reform is embodied by the revision of the Constitution in 2003 and the package of laws on the judiciary. The package of laws for Justice adopted in 2004 (Law no. 303/2004 on the status of judges and prosecutors; Law no. 304/2004 on judicial organization; Law no. 317/2004 on the Superior Council of Magistrates brought the Superior Council of Magistrates, at least institutionally, in the position of governing body of the magistracy: independent (rather than in the past, attached to the Ministry of Justice), enjoying own budget and Administrative machinery (no longer using the premises and staff of the Ministry of Justice), with the exclusive role of ensuring the independence of the judiciary (in the past this role fell upon the Minister of Justice, as well, with all the reserves attached to the fact that he was, in general, a politician), with a structure made up mostly of judges and prosecutors elected by the general meetings of judges and prosecutors, with clearly defined and almost exclusive responsibilities in the management of magistrates’ career. The reforms adopted led to the accession of the Romanian State to the European Union but, as a matter of course, could not ensure the functioning of the new European state’s institutions at the standards applied to other European countries. It was expected and almost natural that institutional reforms adopted to meet the accession criteria will not lead immediately to the functioning of the Romanian judicial system under performance parameters identical to those of European countries with economies and democratic society strengthened over time.

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