Considerations regarding the legality of the administrative act issued by the court in order to manage the judicial activity
Considerations regarding the legality of the administrative act issued by the court in order to manage the judicial activity

Author(s): Sandra Grădinaru
Subject(s): Law, Constitution, Jurisprudence, Court case, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: random distribution of case files; nullity of administrative acts; decision of the Court`s Leading Board;
Summary/Abstract: The principle of random assignment of cases is closely related to the right to afair trial guaranteed by art. 6 of the European Convention on Human Rights. The main purpose pursued through the random assignment of cases is to provide a guarantee to the litigant that he will benefit in the resolution of his own case, from the designation and trial of an impartial court. An example of violation of this principle involves the settlement of a given case by a court that has not been established by law (condition expressly required by art. 6 ECHR), but by judges who have been appointed by the leading Board of the Court. On the one hand, the present paper aims to analyze how the principle of random assignment of cases can be circumvented by replacing during the trial one or many of the members of a judicial panel with other judges, and on the other hand to provide legal proposals. At the same time, throughout this paperwork, we will expose which are the means that any litigant can use to signal the irregularities regarding the abusive substitution of one or many of the members of a judicial panel. Last but not least, we intend to address a topical issue for doctrinaires, professionals, but also for litigants, given the complexity and "sensitivity" of invoking irregularities regarding the members of a bench of the Court, who would be called to rule in a complaint regarding the way in which they were invested to judge a case that was not randomly assigned to them.

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