PROCEDURI DE ALEGERE A REPREZENTANȚILOR SOCIETĂȚII CIVILE ÎN ORGANELE DE ADMINISTRARE A JUSTIȚIEI. AVANTAJE ȘI EFECTE

Abstract

The involvement of civil society representatives in the composition of Councils for the Judiciary, entrusted with the self-administration of the judicial authority, is incontestable at the contemporary stage of evolution of the society. However, the conditions and the decisional authorities of the contest, proposed by the State authorities, are disputable through the prism of ensuring a system of checks and balances in the trichotomy of the State power. The organization of these contests by the Legal, Appointment and Immunities Commission of the Parliament of the Republic of Moldova, in the conditions of national legislation, is highly politicized, so that even if a successful election is realized, from a viewpoint of professionalism and integrity, the members elected in such conditions have a lack of social trust, being perceived as attached to the power. This phenomenon, through social subjective perception, considerably affects trust in a professional and independent justice. This investigation is oriented towards strengthening the role of the members of the civil society in the composition of national Councils for the Judiciary and the authors intervene with proposals of innovative legal mechanisms of election of civil society representatives and identify advantages, as well as effects of the implementation of such a mechanism in relation with the responsibility of judges and with the process of increasing social trust in justice.