Motivarea sau justificarea hotãrârii judecãtorești. Când trebuie motivatã hotãrârea judecãtoreascã?
Reasoning or justification of the court judgment. When should the court present the statement of reasons?

Summary/Abstract: In order to ensure the purpose of the judicial judgment and of the right to a fair trial, in the autonomous sense of art. 6 par. 1 of the European Convention on Human Rights, new procedures and rules of good practice are required in Romanian law in order to impose that the motivation of the judgment is delivered before the judgment is pronounced. This mechanism is the only one that ensures that the judgment truly contains its considerations, which are a logically antecedent and chronologically preceding the judicial solution, and the only one that ensures that the motivation required by the legislator is not transfigured by the daily practice in a regrettable justification.Moreover, the article promotes the idea that, in addition, the identification of the judge considerations and their formulation (which is, in fact, the drafting of the judgment) are interdependent, and this linking requires that the procedures and rules of good practice have to encourage the members of the court to succeed in translating the whole case into a community of understanding mediated by the judge-editor.

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