Reflecții privind necesitatea motivării deciziilor judecătorești [Articol]

Abstract

The rule of law, as a state with democratic institutions, placed the person at the center of its concerns, that is why the decisions of the public authorities, regardless of whether they are favorable or unfavorable for specific citizens, must ensure justice in social relations. In this sense, the motivation of decisions, including judicial one, occupies a relevant place and ser¬ves several purposes, such as: explaining the decision, justifying it both for the parties to whom it applies, as well as for potential litigants, or even for the entire society. This latter purpose de¬monstrates that the motivation of court decisions is a useful tool par society s democratic control over justice. In a democratic state the quality of the reasoning by judges of their decisions directly influences perception of their professionalism and integrity.