Regarding this proposal of the Minister of Justice to review the „laws of justice”, the reinstatement to magistracy, without further examination, of former judges or prosecutors with at least 10 years of experience in these professions is another controversial element found in the MCV Reports. The profession of being a magistrate is and must remain a career profession that requires vocation. A magistrate who elects another system, for financial (lawyering),… citeste
Regarding this proposal of the Minister of Justice to review the „laws of justice”, first of all, such an idea has never been debated, this being the first time such an amendment has been made, without any previous consultation with the body of magistrates. Secondly, such a measure is likely to affect the status of the magistrate in one of its essential components- independence, diminishing its authority. Such a solution raises several… citeste
Related to the proposal made by the Justice Department concerning the review of the „justice laws”, when the Law no. 304/2004 was adopted, the goal was the ensuring of the independence and the stability of the Judges, regardless their level of jurisdiction in which they may activate; the term of January the 1st 2008, for the taking over of the Courts’ budgets by The High Court of Cassation and Justice, was established on purely technical grounds, which makes any delay… citeste
Regarding this proposal of the Minister of Justice to review the „laws of justice”, first of all, such an idea has lacked explications about the necessity to implement such structure. A special structure is justified only with a special problem. This measure implies that there is a problem of criminality within the magistrates, which requires special attention. In addition, at a first glance, such a measure can be analysed from a constitutional perspective due to the fact that this… citeste
Regarding the Justice Minister’s proposal of the review of justice laws even though this is a very commun subject, in fact, it requiers an extremely technical analysis. In view of the European legal framework The Consultative Council of European Judges, through the 55th alin. of the third Notice recommends as a general principle that the judges must be exempted of any liability concerning the dirrect complaints against them regarding the goodwill exercise of their… citeste
În vederea stopării perpetuarii unui neadevăr vehiculat în ultima săptămână, preluat și de Ministrul Justiției, probabil din eroare, inițiatorii memoriului informează că, până la 25 octombrie 2017, orele 16.00, un număr de 3685 de judecători și procurori români (1995 judecători respectiv 1690 procurori, dintr-un total de 6979 în funcție în instanțele și parchetele din România, respectiv 52,80%), 3 inspectori judiciari, 8 magistrați asistenți și 173 de… citeste
Desen realizat de Cristian Mihăilescu pentru Revista Forumul… citeste
Regarding this proposal made by the Minister of Justice to amend ”the justice laws”, the CVM reports welcoming the evolution of the magistracy indicated in a certain manner that a merit-based promotion ensures the foundation of an independent judiciary body, free of any influences, both from its inside and from the outside. The return to a manner of promotion on subjective criteria, that lack any form of objective control made by the magistrates, with no possibility to challenge… citeste
Regarding this proposal made by the Minister of Justice to amend ”the justice laws”, one has to take into account the fact that the contentious constitutional court has already mentioned by its Decision no.331 of April 3rd, 2007 referring to the exception of unconstitutionality of the provisions of art.29 par.(7), art.35 related to art.27 par.(3) and art.35 letter.(f) of the Law no.317/2004 on the Superior Council of Magistracy and art.52 par.(1) of the Law no.303/2004 on the… citeste
With reference to this amendment proposed by the Minister of Justice on the „laws of justice”, there has never been during prior talks, beginning with 2016, such an issue put forward concerning any modification of the statute of the Judicial Inspection. There is no reasonable explanation to proceed to such a modification, it is unknown why the current statute should be subject to change and what where the reasons underlying such an initiative. The report issued by the Judicial… citeste