According to international standards, states must ensure the right to access
to justice, which implies not only the possibility of filing an action in court, but also ensuring that
the complaint is examined fairly by an independent court, in a procedure in which the citizen’s
rights are respected. And in the event that damage has been caused to the litigant through the activity
of the court, he is entitled to file a civil action against the state, which in turn, in the case of
admitting the complaint and paying compensation, is entitled to file an action in recourse against
the magistrate. In this article we propose to carry out a detailed analysis of the provisions of the
normative framework in the field of civil liability of magistrates in the Republic of Moldova and
in Romania, examining their correspondence to the general principles of law and the provisions
of the international normative framework.
