1 / 10

History of Judicial Reform in Romania

History of Judicial Reform in Romania. Judge Cristi Danile ț Sofia, 14 oct 2009. Before 1990. Judges were members of RCP prosecutors had enlarged powers then judges , event to arrest citizens No knoledges about HR. 1990-1992. dec.1989 : Romanian Revolution 1991: a new Constitution

isleen
Download Presentation

History of Judicial Reform in Romania

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. History of Judicial Reform in Romania Judge CristiDanileț Sofia, 14 oct 2009

  2. Before 1990 Judges were members of RCP prosecutors had enlarged powers then judges, event to arrest citizens No knoledges about HR

  3. 1990-1992 • dec.1989: Romanian Revolution • 1991: a new Constitution • 1992: a new JOLaw: • Judges and prosecutors are magistrates, appointed by the President • The tenure is until the legal reteirment age, except the judges from SCJ (6 years) • The MoJ is enable by the law to appoint the chiefs of courts/po, to transfer j and p, and to promote to higher courts

  4. 1995 • The attorneys, the nottaries and the baileiffs werw under autority of MoJ • In 1995, they become independent legal professions • MoJ kept some powers to regarding the control but the disciplinary sanction can be imposed only by the National Association of A/N/B

  5. 1997-1999 • Reinstanded SCM: manage the career of judges and prosecutors, but it is a part of MoJ • MoJ: have a secret service to gather informations about judiciary corruption • The chiefs of courts are appointed by the SCM, but the proposels were submitted by the MoJ, who lead SCM • The chief prossecutors are appointed by the MoJ • To became j/p is mandatory to pass the admission exam for the NIM (2 years)

  6. 2003 • The Constitution is amended: power to arrest belong to the judge • DNA: anticorruption body (26 j and p sended to courts for corruption) • The tenure of all judges is until the retirement • SCM is the only autority in charge with the career og j and p • SCM has 19 members: • President of SCJ, General Prosecutor and MoJ • 9 elected judges from all leves • 5 elected prosecutors from all levels • 2 members of NGO`s

  7. 2004-2006 • A big role of the profesional associations for putting in the public debate idea of a real independence of justice • New laws: JOL, Status for j and p, SCM • Exams to becam president of court/chief prosecutor (the knowledge of management, human resoursec and communication is testing); problem: GP and ChP of DNA • Judicial inspection is under the autority of SCM, which is also responsible for impossing disciplinary sanctions for j and p • Independence of prosecutors • Random distribution of cases • IT system in all courts

  8. 2007 • National Agency for Integrity • an independent autority • for checking of public servents, magistrates and members of P and G • incompatibilites to found conflicts of interest Transparency • Assets declarations • Our relatives who work in judicial field • Interest declaration: members in organisation etc

  9. 2009 • The Guvernement intend to reduce our salaries and pensions, the budget of courts (manage by MoJ) • The protest of j and p: • Before summer: suspend all sessions for 2 ours, every day • In september: refuse to resolve the files, for the entire mounth • Public debate for rule of law, separation of powers, independence of justice, responsability of judicial system

  10. Thank you! Judge Cristi Danilet ROMANIA

More Related