Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Creciun, NataliaSubject: search.filters.subject.independența justiției

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    PARTICULAR FORMS OF EVALUATION AND ASSESSMENT OF JUDGES: BETWEEN EXIGENCY OF A CONSOLIDATED JUSTICE AND VIOLATION OF JUSTICE INDEPENDENCE
    (Institutul Naţional al Justiţiei, 2019) Creciun, Natalia
    The issue analyzed in the present paper refers to the fact if judges must be verified and/or assessed in their activity. In case of affirmative answer, we have to establish exigencies demanded for these verifications and/or assessments, to ensure the balance between the protection of public interest and judges’ private life. We emphasize the necessity to respect both the principle of separation and collaboration of powers and the independence of judges as individuals and of the Judiciary as a hole. We propose to develop within the Judicial Authority efficient mechanisms of intervention in the field of verification of office-holders (referring to judges and candidates for the position of judge) and in the field of assessment the professional integrity of judges. Simultaneously, we argue the indispensability of collaboration, in particular conditions, between the representatives of the Judiciary (The Superior Council of Magistracy, The Judicial Inspection) and the representatives of the executive power (The National Anticorruption Center, The Security and Intelligence Service, The National Integrity Authority), in order to exercise complex and qualitative verifications and/or assessments, avoiding threats to independence and the impartiality of magistrates.
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    PARTICULAR FORMS OF EVALUATION AND ASSESSMENT OF JUDGES: BETWEEN EXIGENCY OF A CONSOLIDATED JUSTICE AND VIOLATION OF JUSTICE INDEPENDENCE
    (Institutul Naţional al Justiţiei, 2019) Creciun, Natalia
    The issue analyzed in the present paper refers to the fact if judges must be verified and/or assessed in their activity. In case of affirmative answer, we have to establish exigencies demanded for these verifications and/or assessments, to ensure the balance between the protection of public interest and judges’ private life. We emphasize the necessity to respect both the principle of separation and collaboration of powers and the independence of judges as individuals and of the Judiciary as a hole. We propose to develop within the Judicial Authority efficient mechanisms of intervention in the field of verification of office-holders (referring to judges and candidates for the position of judge) and in the field of assessment the professional integrity of judges. Simultaneously, we argue the indispensability of collaboration, in particular conditions, between the representatives of the Judiciary (The Superior Council of Magistracy, The Judicial Inspection) and the representatives of the executive power (The National Anticorruption Center, The Security and Intelligence Service, The National Integrity Authority), in order to exercise complex and qualitative verifications and/or assessments, avoiding threats to independence and the impartiality of magistrates.