Factors Influencing the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

• Main Author: Victor ALISTAR
• Format: Article
• Language: English
• Published: Danubius University 2015-08-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: independence of justice; magistrates perception; accountability of magistrates
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/1496/1565

The main objective of this paper is to present a regional perspective regarding the independence of judiciary system, based on the magistrates’ perception. Taking into consideration that the independence of judiciary is a concept which has to be not only guaranteed by constitutional and statutory provisions, but mostly perceived as a functional reality, the present article analyses the factors which influence the capacity to act efficiently of the judicial structures in South East European countries. The article is presenting ones of explanation for low capacity to fight corruption in this region of Europe. The analyse is built on a sociological survey conducted in nine countries from the standpoint of the hierarchical relationships and of the guarantees of operational and professional independence, legislative framework, resources as well as the relationship between justice and the society. The data used in this articles provided by the study “Integrity and resistance to corruption of the law enforcement bodies in South East European countries”. The concluding remarks are based on questionnaires sent out to judges and prosecutors and emphasis cultural, managerial and functional aspects of judicial system, exposed by magistrates themself.