History of Judicial Reform in Romania

Judge Cristi DanilețSofia, 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 • 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

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

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)

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

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

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

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

Thank you!

Judge Cristi DaniletROMANIA