Politică versus Justiție sau o scurtă istorie a reformei magistraturii (Politics versus Justice or a short history of magistracy’s reform)

• Main Author: Cristi DANILEȚ
• Format: Article
• Language: English
• Published: Editura Institutul European Iasi 2014-05-01
• Series: Polis: Revista de Stiinte Politice
• Subjects: justice; reform; separation of powers; European Union
• Online Access: http://www.revistapolis.ro/journal-archives/issue-2-4-2014/87-numarul-2-4-2014/232-politic%C4%83-versus-justi%C8%9Bie-sau-o-scurt%C4%83-istorie-a-reformei-magistraturii-politics-versus-justice-or-a-short-history-of-magistracy%E2%80%99s-reform.html

In a democratic society, the state is organized according to the classic principle of separation of powers. These powers are separated, but they should work together. To strengthen the rule of law in Romania, justice reform was essential. And in the sectors of justice, the judiciary was and it is the most important. Reform was made, under pressure from the EU, by the romanian authorities, in collaboration: essential laws were created, it was created the Judicial Council as a self-governing authority, young magistrates were recruited in the system, were replaced the old codes, the judicial procedures become more efficient and the system become more transparent. The experience that i have as a judge for more than 15 years, my involvement in legislative changes as ministerial advisor and my activity as a Judicial Council`s member for 3 years, entitles me to say that justice has become effective after 10 years of reforms. Among the judges, a culture of independence it was ceated. People who were above the law, reached now behind the bars. Ordinary citizens began to believe in justice. But politicians and businessmen have begun to fear the justice, reason for politicians to try to reduce the independence of justice, changing back the laws, or attacking in their speeches the magistrates. It remains to be shown whether the creation of an independent judiciary was made only for EU or romanian society has become mature so as the reforms to be irreversible.