Răspunderea judecătorilor și procurorilor
Accountability of judges and prosecutors

Summary/Abstract: The laws referring to the reform of justice, that is, Law No. 303/2004, Law No. 304/2004 and Law No. 317/2004, such as they were amended through Law No. 247/2005, have created a legal framework for the legal activities and brought about consolidation of the status of judges and prosecutors, as well as their independence. The current legal framework provides regulation for the civil, disciplinary and penal accountability of judges and prosecutors, establishing in what situations it operates, the proceedings to be followed and the procedural guarantees to avoid jeopardizing their independence. With civil actions at law, the procedural guarantees are provided by the conditions for the exercise of an action at law against a judge or a prosecutor in terms of civil accountability. As far as the disciplinary accountability is concerned, the procedural guarantees are first of all ensured by the fact that the Superior Council of Magistracy is the institution that has the power to initiate a disciplinary action. In terms of penal accountability, the guarantees are provided for by art. 95 in Law No. 303/2004. Although the current regulation ensures a number of procedural guarantees in terms of the pecuniary accountability of judges and prosecutors, nevertheless, the question still stays whether there is need or not for a new regulation to define judicial error in civil matters, and to define such concepts as 'bad faith' and 'serious negligence'.

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