SHORT CONSIDERATIONS REGARDING THE MAGISTRATES’LIABILITY IN THE CONTEXT OF THE NEW LEGAL PROVISIONS ON THE REFORM IN JUSTICE
DOI:
https://doi.org/10.15837/aijjs.v12i2.3465Abstract
The present study analyzes the magistrates' responsibility, in the light of the old and the new legal regulations, the exercise of the right to recourse action of the state against magistrates in case of judicial errors, and the conditions that must be be met in order to promote this action.
The author identifies possible vulnerabilities of the new regulations on the magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the exercise of their job duties.
The study is focused on the new amendments of the Law no. 303/2004 on the status of magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates, includes issues related to the guarantees regarding the enforcement of the principles of independence and impartiality of magistrates, guarantees aimed at maintaining a balance between the magistrates' responsibility and their independence.
References
The Constitution of Romania republished, published in the Official Gazette no. 767 from 31 October 2003;
Law no. 303/2004 published in the Official Gazette of Romania, Part I, no. 576 from 29 June 2004;
Law no. 242/2018 from 12 October 2018 for amending and completing the Law no. 303/2004 on the status of judges and prosecutors published in the Official Gazette no. 868 from 15 October 2018;
Decision of the Constitutional Court no. 263 from 23 April 2015 on the exception of unconstitutionality of the provisions of art. 96 of the Law no. 303/2004 on the status of judges and prosecutors published in the Official Gazette no. 415 from 11 June 2015;
Decision of the Constitutional Court no.45 / 2018 published in the Official Gazette no. 199 from 5 March 2018;
RECJ Report 2014-2016 https://www.csm1909.ro/ViewFile.ashx?guid=1c222af9-7731-45f9-b6a3-88b6630c7e9c|InfoCSM -17.10.2018;
Preliminary opinion no. 924/2018 of the European Commission for Democracy through Law (Venice Commission);
Opinion 3 of the CCJE Consultative Council of European Judges 9.https://www.juridice.ro/549626/raspunderea-civila-a-magistratilor-in-contextul-noilor-propuneri-legislative.html;
https://www.csm1909.ro/303/3937/Consiliul-Consultativ-al-Judec%C4%83torilor-Europeni-(CCJE)
