Reform of justice and functioning thereof on new bases, in accordance with the European law - a prerequisite for providing the defence and the achievement of the rights of all law-abiding citizens Cover Image

Reforma justiției și funcționarea ei pe baze noi, în concordanță cu dreptul european – condiție esențială pentru asigurarea apărării și valorificării drepturilor tuturor justițiabililor
Reform of justice and functioning thereof on new bases, in accordance with the European law - a prerequisite for providing the defence and the achievement of the rights of all law-abiding citizens

Author(s): Simona-Maya Teodoroiu
Subject(s): Human Rights and Humanitarian Law, Law and Transitional Justice, Public Administration, Public Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: reform of justice; reform of administration; European Court of Human Rights;

Summary/Abstract: The year 2004 is one of particular importance in the context of the efforts taken for the conclusion of the negotiations for accession to the European Union. In this context, the reform of justice is, alongside the reform of administration, a key element with the accession criteria. The justice reforming process has been accelerated once the revision of the Constitution was done, with the aim of respecting the European standards related to independence of justice, judicial security and the quality of the judicial action. The reform of the legal system primarily means to guarantee independence of justice, with emphasis on the strengthening of the role of the Superior Council of the Magistracy and the legal guaranties for the elimination of any possible political interference with the legal action. As far as the resolution of cases within a reasonable time limit is concerned, the jurisprudence of the European Court of Human Rights related to the limitation of the excessive length of legal proceedings was a pertinent and acute signal for the initiation of legislative amendments, in conformity with the European exigencies of the European Convention on Human Rights. Thus, the constitutional amendments of the Criminal Procedure Code were meant to strengthen the procedural guaranties as well as ensure an adequate framework for the resolution of cases within a reasonable time limit.

  • Issue Year: 2004
  • Issue No: 3
  • Page Range: 16-19
  • Page Count: 4
  • Language: Romanian