Facultatea de Drept / Faculty of Law

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    JUDGES AGAINST JUDGES
    (CEP USM, 2024) Creciun, Natalia
    The discipline of judges is an essential pillar of the judicial career. The proper management of this field is imperative, from the perspective of the need to ensure the balance between judicial independence and judicial responsibility, but also from the perspective of the impact of a disciplinary procedure on the image of the concerned judges and on the judiciary. In this context, the activity of the specialized bodies subordinated to the Superior Council of Magistracy with competencies regarding judicial discipline (the Disciplinary Board and the Judicial Inspection) is of increased doctrinal and professional interest. An overview of the current situation on this dimension is reflected in the Decisions of the Disciplinary Board and in the Annual Activity Reports of the concerned entities. The paper includes an analysis focused on a new trend found by the Judicial Inspection in 2022, namely on the fact of the submission of notifications regarding possible disciplinary violations committed by judges - also by fellow judges. What would be the causes that generated such a trend, how does this trend reflect the state of affairs in the judiciary, what would be the role of judicial self-government in ensuring the responsibility of individual judges and what would be the value of professional communication within the judicial system - these are some aspects researched in the paper, from the perspective of governance modernization mechanisms, focused on the protection of human rights.
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    CENTRALITATEA UTILIZATORULUI SERVICIULUI JUSTIȚIEI PRIN PRISMA COMUNICĂRII JUDICIARE
    (CEP USM, 2023) Creciun, Natalia
    User-based justice means free access to justice, fair trial, ethical conduct of judges, independence and impartiality of judges and courts. But user-based justice means motivated judicial decisions as well, as a form of judicial communication. Abilities of legal writing are essential for ensuring the decision-making quality and efficiency. How to write well a legal act is a question of interest for all legal professionals, who need to join efforts and thus prove mutual respect and respect for courts’ users. Good governance and good governance in justice have the human and fundamental human rights as a reference point. These values justify the need to emphasize the human face of justice and of the judge. However, the same values justify a special state and society attitude towards the human face of justice and the judge.