Reforma justiției. Aspectele legislative și instituționale
Reform of justice. Legislative and institutional aspects

Summary/Abstract: The Judicial Organization Act, the Status of Magistrates Act and the Superior Council of the Magistracy Act are the regulating framework establishing the principles and the goals in terms of organization and functioning of justice. By reducing the powers of the Ministry of Justice, in its capacity as administrative authority, in terms of the good organization and administration of justice, as a public service, the three acts represent the organizational and functional mechanisms for the achievement of a unique, impartial and equal-for-all justice, by independent judges subject to no one but the law. The National Anti-Corruption Parquet is also a creation meant to combat corruption crimes. It exercises its powers within the entire territory of Romania, through prosecutors trained to combat corruption crimes. A number of powers related to the organization and the functioning of the courts and the parquets were removed from the competence of the Ministry of Justice to that of the Superior Council of the Magistracy, which represents an important step forward for the separation of the judicial authority from the executive authority of the Ministry of Justice. The cases when the victim is entitled to redress for prejudices caused by judicial errors committed during the criminal trials are established by the Criminal Procedure Code. The victim's right to redress for prejudices caused by judicial errors committed in other trials than criminal ones shall only be exercised if the magistrate's criminal or disciplinary accountability for a deed committed during the trial was established under a final pronouncement and only if such deed is one to cause a judicial error.

• Details
• Contents