Facultatea de Drept / Faculty of Law
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Item SHOULD THE JUDICIAL INSPECTION BODY CARE ABOUT JUDICIAL CORRUPTION? THE CASES OF MOLDOVA AND ROMANIA(2020) Negru, Andrei; Creciun, NataliaThe present paper contains arguments referring to the fact that the Judicial Inspection, as a body with attributions of analysis, verification and control in particular areas of manifestation of Justice and exponent of the judicial self-government, should acquire the status of authority with express competencies in the fight against judicial corruption. Such an approach reflects the essence of good judicial self-government and of the Rule of Law, where Human Rights and Freedoms are Fundamental Values. In order to achieve this purpose, the necessity to strengthen the functional status of the judicial inspection body is argued and the ways of enhancing the capacities of the judicial self-government in preventing judicial corruption are generalized.Item PRIVIRE GENERALĂ ASUPRA INSTITUȚIEI INSPECȚIEI JUDICIARE. ASPECTE COMPARATIVE(Tipografia "CentroGrafic" SRL,Cahul, 2016-06-07) Creciun, NataliaThe present paper is a general comparative retrospective on the institution of the Judicial Inspection in some European countries: the Republic of Moldova, Romania and Belgium. The goal of the related information is to reflect both the performances and the vulnerabilities of the legal framework regulating the organisation and functioning of the inspection entities in the legal systems where inspection services exist. At the same time, it is of a great importance to identify the best mechanisms of providing specialized controls in such specific areas as the activity of courts and magistrates and, finally, to improve them in the national system of law, after adjusting to our democratic traditions.Item CONFIDENTIALITY AND TRANSPARENCY IN THE JUDICIAL INSPECTION WORKS. THE CASE OF THE REPUBLIC OF MOLDOVA(Tipografia "CentroGrafic" SRL,Cahul, 2020-06-05) Creciun, NataliaThe general findings of the present paper refer to the fact that the overall activity of the judicial inspection body is confidential. However, there are also transparent activities, due to the necessity of alignment of the judicial inspection body to the policies of good judicial self-government, that presuppose the openness of public authorities, including the Judicial Authority, towards the society. Thus, the competencies of the judicial inspection body should be exercised in a manner that ensures the balance between confidentiality and transparency, in order to protect the independence and the reputation of judges, as well as the public interest, as an immanent element of the public confidence in the Judiciary.Item ROLUL INSPECȚIEI JUDICIARE ÎN RESPONSABILIZAREA PREȘEDINȚILOR INSTANȚELOR DE JUDECATĂ(Tipografia "CentroGrafic" SRL,Cahul, 2018-06-07) Creciun, NataliaThe purpose of the paper is to argue the role of the Judicial Inspection functioning within the Superior Council of Magistracy in increasing the responsibility of court chiefs through the principle of good self-government of national justice. Investigating the issue, we concluded it to be possible through exercising by the Judicial Inspection the following competences: verifying the organizational activity of courts, examining the petitions on the judicial ethics and the complaints on possible disciplinary offences committed by judges and verifying the basis of rejection by the President of the Republic of Moldova or by the Parliament of the proposal to appointment in the function of court president or vice-president. We emphasized the importance of evaluating professional performances of court chiefs in the same manner as in the case of other judges. At the same time, we illustrated the specific role of court presidents in comparison with their fellow judges, taking in consideration their double mission – as a judge and as a manager. Special attention should be paid to the conditions and methods of control: the independence and the impartiality of judges should be protected in any case.Item ROLUL INSPECȚIEI JUDICIARE ÎN APĂRAREA REPUTAȚIEI PROFESIONALE A JUDECĂTORILOR ȘI A IMAGINII JUSTIȚIEI(Tipografia Artpoligraf, 2018) Creciun, NataliaThe Judiciary was always in the center of media discussions, not only at present and not only in our legal system. In this work we try to synthetize the situations when the Judiciary is criticized from a negative point of view, by spreading information that does not correspond to the reality. The facts are appreciated through two main directions: first of all, freedom of expression is recognized to all the people by international and national standards, and judges, as public figures, must accept social critic; secondly, freedom of expression is not an absolute right and every legal system may impose limits to the use of the mentioned right. The key-idea of the paper is that the Judiciary in general and judges as individuals have to accept the reality of being publicly criticized; but, at the same time, national normative acts have to guarantee their protection against intimidation, harassment, influence, pressure, by overcoming the freedom of expression limits by third parties. We argue that the national Superior Council of Magistracy and the Judicial Inspection, as a subordinated body of the first one mentioned, are the more advisable institutions to involve in defending the professional reputation, the honor and dignity of judges and the independence and image of the Judiciary against unjustified criticism. Recognizing these competences to the named institutions, by express reference in the text of national law, would correspond to the requirements of an independent and consolidated Justice.