Independența justiției – factor decisiv în exercitarea drepturilor și libertăților fundamentale
Independence of justice - a decisive element with the exercise of human rights and the fundamental freedoms

Summary/Abstract: Aware of the fact that the citizens' rights and freedoms will lack effectiveness unless human rights are laid down in the constitutional provisions and measures to guarantee them are adopted by every State, the Romanian law-maker initiated vast efforts aiming full instauration of a spirit of justice, which necessarily involves strengthening independence of justice. It is not long ago that Parliament passed the three vital acts to the reform of the Romanian legal system: the Act on the judicial organization, the Act on the status of magistrates and the Act on the Superior Council of the Magistracy – an essential step forward to place the Romanian legal system within European coordinates, meant to strengthen independence of justice and increase the latter's role as public service at the disposal of citizens. Reintroduction of the principle of good fellowship for the resolution of cases in the first resort will be not only a guaranty for impartiality and mutual control among judges, but also for improving the quality of the pronouncements, which is envisaged to entail gradual reduction of the number of cases where remedies at law be used. As far as the magistrates' careers are concerned, the essential role lies with the Superior Council of the Magistracy, which will hold exclusive powers in terms of decisions regarding the magistrates' careers, their disciplinary accountability as well as their defence against actions affecting their independence and impartiality. Our recent legal practice has proved, by explicit references to the jurisprudence of the European Court of Human Rights included in the pronouncements, that the Romanian courts make more and more use of this jurisprudence.

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