DESPRE O NOUĂ LEGE PRIVITOARE LA ORGANIZAREA JUDICIARĂ
ABOUT A NEW LAW RELATING TO THE JUDICIAL ORGANIZATION

Summary/Abstract: In this approach, the author carries out a general analysis of the Draft Law on judicial organization, and the respective draft was subjected to the public debate on 30 September 2020. The most outstanding normative interventions are envisaged as regards the organization of the judicial system. The author finds that most part of the regulations proposed by the initiator are actually taken over from the content of Law no. 304/2004. The draft proposes also certain innovative solutions or the detailed description of certain legal provisions in the matter. The actual stake of the reform is, in the author’s view, the dissolution of the Section for investigation of the justice offences, a solution also supported by certain professional associations of magistrates. The crisis in the Romanian justice is not very recent, as it started at the same time as the amendment of the laws of justice in the year 2005, under the procedure of the accountability of Government. However, the establishment of SIIJ divided the Romanian magistracy, which represents a consequence of the political factors’ involvement in justice, and the situation generated is difficult to remedy. In the author’s opinion, breaking such a deadlock may be carried out only according to an agreement concluded between the most important political forces represented in the Parliament of Romania. The author considers that it is absolutely necessary to conclude a Pact for justice, according to the Spanish model between the Socialist party and the Popular party.

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