Perspective asupra Consiliilor magistraturii
Each of the topics I have addressed would form a talk in itself and benefit from a much more detailed analysis. Time does not permit. However, in my view, when an analysis of the tasks which must be performed to maintain the independence of the judicial branch of the state is carried out, I think the inevitable conclusion is that a Council for the Judiciary is needed. It must fulfil a central role, even though some of the tasks may be carried out by others. There is no real alternative. The judicial branch of the state needs a central institution not only to discharge the tasks I have enumerated itself (or to ensure that others discharge them independently), but also to manage the relationship with the legislature and the executive and to take overall responsibility for the proper functioning of the judicial branch of the state and in particular the timely and impartial delivery of justice at the lowest cost consistent with the interests of justice. A judiciary that does not have the means of ensuring this will find that others are quite happy to do it for them. Without proper and responsible arrangements for governance this may well happen.
Not only will a Council fulfil the central role I have described, but it should also provide leadership and central representation for the judiciary and balance the relationships with the Judges Associations and the judicial hierarchy. Finally may I add a word about the composition of a Council for the Judiciary. If a Council is to fulfil the role in the governance of the judiciary which I have outlined, its composition is of central importance. There is great diversity across Europe. In England and Wales we do not have direct elections to the Council. Each level of the judiciary has its own Association where elections are held and the officers of those Associations (or their delegates) serve on our Council; our Lord Chief Justice is our chairman. We have found that selecting the representation by means of using the Associations means that the Associations work closely with the Council and understand and generally support what it does. There is generally no tension between the Associations and the Council; nor between the Council and the judicial hierarchy (the senior or presiding judges at courts or groups of courts or in regions). That is because the Lord Chief Justice is both President of all the Courts of England and Wales and Chairman of the Council.
Detaşarea judecătorilor şi procurorilor la alte autorităţi publice decât instanţele sau la instituţii publice
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DETAŞAREA JUDECĂTORILOR ŞI PROCURORILOR
LA ALTE AUTORITĂŢI PUBLICE DECÂT INSTANŢELE SAU LA INSTITUŢII PUBLICE
judecător Horaţius Dumbravă, judecător Dragoş Călin,
Curtea de Apel Târgu Mureş Curtea de Apel Bucureşti
The secondments of the judges and of the prosecutors to other public authorities than the Courts, or to the public institutions, in any public service, public offices as well, impair [...]
