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RJ and the Romanian Reform of the Justice System

European best practices of restorative justice in the criminal procedure Prof.dr Doina Balahur RESTORATIVE JUSTICE DEVELOPMENTS IN ROMANIA “Alexandru Ioan Cuza” University Centre for Social Management and Community Development Budapest, 28 of April, 2009.

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RJ and the Romanian Reform of the Justice System

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  1. European best practices of restorative justice in the criminal procedureProf.dr Doina BalahurRESTORATIVE JUSTICE DEVELOPMENTS IN ROMANIA “Alexandru Ioan Cuza” UniversityCentre for Social Management and Community Development Budapest, 28 of April, 2009

  2. RJ and the Romanian Reform of the Justice System • The development of the system of alternative resolution in Romania is closely connected to the Reform of Romanian Justice System • The steps taken by Romania in its way towards “Reform” of the Justice System have been constantly taken at the pressure of the international and European organizations (The Council of Europe, UNO, EU etc)

  3. Priorities of the Reform • 1. The observance of the Human Rights in formal procedures of conflict resolution –especially in criminal justice • 2. The better implementation of the principle of proportionality and closely connected, more flexibility and diversity of the criminal penalties and measures.

  4. Priorities of the Reform • 3. The integration of the Acquis communautaire in the field of the protection of the victims of crime and the improvement of victims’ standing in criminal procedure.

  5. Priorities of the Reform • 4. The dropping down of the number of the incarcerated persons –especially juveniles • 5. The improvement of the quality of the activity of the courts by the reducing of the caseload

  6. Caseload : some statistics • Caseloads grew constantly during the 1990s. If in 1990 1,513 judges had 589,660 files (civil and criminal cases) with a caseload of 390 files per judge, in 2003, 3,557 judges had 1,453,776 files, with a caseload per judge of 409 files' • The effectiveness of the justice system was among the lowest in Europe, constantly monitored by the European Commission.

  7. The general ‘strategy’ of RJ’s implementation • Like other social-legal institutions, the development and implementation of restorative justice practices in Romania could be analyzed from two linked perspectives. • One is a ’bottom-up’ perspective, that sees these practice promoted by civil society and supported by academic groups; the other is a ’top-down’, in which they are framed by different policies and legal regulation. • It has often been the case that within a process of reform, the Romanian authorities have agreed to changes in the administration of justice that have developed, at least initially, without their influence.6 From this point of view, Romania is not an exception. • The introduction and diffusion of alternative justice strategies in Romania followed the common model identified in the countries of the European Union

  8. Restorative Justice in Romania: The Legal Frame • Law nr.217/2003 regarding Domestic Violence provides, in Chapter V (art.19-22), for mediation in cases of domestic violence. • Article 19 states that ’at the request of the parties, cases of domestic violence can be referred to mediation. • For this purpose the competent persons to deal with such cases will counsel the parties.’ • Conciliation in these cases may be undertaken, according to art.20, either by a meeting of the family (the Family Council) or by an authorized mediator.

  9. RESTORATIVE JUSTICE IN ROAMANIA: The legal frame • In May 2006 the Romanian Parliament enacted the Law regarding the Mediation and the Regulation of the Profession of Mediator. • It was adopted within the framework of the negotiations for accession to the EU as part of the obligation to implement the acquis communautaire. • This new law is closely bound to the values and principles containd in the various recommendations on restorative justice declared by the EU, the Council of Europe, and the UNO.

  10. The Reintegrative Self-Esteem: The Theoretical Framework of the Experiment: A.Bandura (self-efficacy theory) & the 4 ‘Is’ model • Bandura’s self-efficacy model provided the conceptual frame of a wide variety of programmes aiming at improving the behavior and attitude towards education etc. • According to the American psychologist the‘perceived self-efficacy is defined as people's beliefs about their capabilities to produce designated levels of performance that exercise influence over events that affect their lives. • Self-efficacy beliefs determine how people feel, think, motivate themselves and behave.’ (Albert Bandura, 1994).

  11. Brief description of the experiment/ Problems • The experiment has been organized at the request of the local Scholar Inspectorate which was confronted with massive turnover of the professors due to the violence of the scholars and aggressive environment. • Professors appreciated that their physical integrity and mental health were in danger.

  12. The groups integrated in the experiment/ the profile of the pupils • Integrated two groups of scholars from two Industrial high schools (N=50 boys) • Among them: • 35 had one unemployed parent. • 10 had both parents working abroad • 5 having both parents unemployed • 20 were under probation (for theft)

  13. Steps of the experiment: I) ‘The school I would like to have’ • I) The integration of the two groups, for one semester, in a school recognized for the level of excellence of the scholars as well as for the ‘academic’ / friendly atmosphere. • On Saturdays the two groups came back to their school for different cultural activities (in order to stimulate a permanent comparison)

  14. Steps of the experiment: II) “what can I do in order to improve my school results and environment” /1 • First, the pupils decided that their school needs a green area and with the support of the managerial team they made small flower garden. • Decided to decorate the halls of the school with small paintings made by them.

  15. Steps of the experiment: II) “what can I do in order to improve my school results and environment” /2 • No more violence in my school – they have developed a ‘mentorship’ programme for the smaller pupils aiming at preventing fights, thefts among them at curbing the violence in relations with teachers. • They have thought to a ‘mentorship’ programme aiming to support the smaller scholars to improve their ‘time management’ / involving them in cultural and sportive activities etc

  16. Steps of the experiment: III) “Leading the Change” • The pupils who were traditionally considered violent, and who received an aggressive feed back have been offered ‘a leading position’ which supposed trust end responsibility.

  17. Steps of the experiment: Preventing and solving conflicts through restorative practice (circles) • The students in the two groups have been trained in order to be able to initiate and run restorative circles for conflict resolution and prevention.

  18. Evaluation and multiplicative effects • After two years the number of ‘events’ dropped down with almost 50% • It dropped down the number of scholars in conflict with criminal law • The educational results improved significantly – not only for the pupils in the experiment but also for their peers.

  19. THANK YOU Doina Balahur –contact details dbalahur@uaic.ro doinabalahur@gmail.com

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