Pentru download, urmați link-ul de mai jos: https://www.juridice.ro/files/Brosura-magistratii-romani-v-modificarea-legilor-justitiei.pdf Materialele strânse în broșura de față n-ar fi trebuit să existe într-un stat de drept, consolidat democratic, membru al Uniunii Europene, însă în România reformarea unui sistem judiciar moștenit din perioada comunistă pare că niciodată nu poate căpăta un caracter ireversibil. Ultimul Raport din cadrul Mecanismului de cooperare… citeste
In this regard the Justice Minister proposes the revision of the laws of justice, as it follows: The President and the Vice-Presidents of the High Court of Cassation and Justice will be named by Romania`s President after the Superior Council of Magistracy – section for judges proposal, among the High Court of Cassation and Justice’s judges, who ruled at this Court at least 2 years and had not been disciplinary sanctioned. The General Prosecutor of the Prosecutor’s… citeste
The Minister of Justice proposes to review the “laws of justice”, in the following sense: – Candidates must be physically and psychologically apt to serve as magistrate; – Candidates must be at least 30 years of age; – Candidates must have at least 5 years of effective employment in one of the legal professions regulated by law; – The admission examination for direct entry into the magistracy, with a 5-year seniority in other legal professions is removed; -… citeste
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
