Courts Of Justice

Courts of Justice. The number of Romanian Courts of Justice is established by the Law concerning the judiciary organization, which should initiate from some statistic data reflecting the necessity of a Court establishing in some community in particular, by comparison with the number and the frequency of that community’s legal proceedings and trials. Unfortunately, regardless of such statistic data, some Parliament members included in their electoral strategies promises about the foundation of some new Courts, promises that were later achieved by force and pressure against the Ministry of Justice. Nowadays, we have Courts of Justice in some very small cities, which do not justify their presence there, from the point of view of the files load; we can say that all those courts have major problems in job occupancies.
Though at the present there are enough constitutional and legal warranties, as well as conventional warranties (European Convention for the defense of Human Rights) concerning legal system’s independence and impartiality, especially were human resources quality is involved, we missed the achieving of a necessary drain of the bench as a system and of the magistrates as main actors: once the 1991 Constitution was adopted, proclaiming the principle of Judges immovability we proceeded to the bestowing of this statute to all active Judges without submitting them to a minimum and necessary ethical, professional and good reputation evaluation, etc.
Court’s autonomy remained only a desideratum as long as the dependence towards the Ministry of Justice still stands, and the internal management is almost inexistent. The request to verify the management, communication and human resources abilities of all candidates to managerial positions only applied after September 2005, which implies that a full renewal of Courts management systems, in accordance with the new standards, will only be accomplished in 2009. Main credit coordinator remains the Ministry of Justice and, for the time being neither the ICCJ, nor the CSM did not prove to have the capacity to takeover the entire Court’s budget. Founded at a more recent date, management colleges replace in some Courts the lack of managerial qualities of the leaders, and, in other Courts, colleges activity is deployed in conditions of lack of transparency and even of contempt of those whom propelled them in those bodies of collective management.
Excessive centralization makes that all Courts function in accordance with the same regulation instead of CSM adopting only a frame regulation to be filled with necessary norms in view of a good functioning in relation with the specific and the natural needs of the region or of the zone of competence.
Whereas magistrate’s quality is concerned, this is highly affected by the lack of transparency, by the defective way of recruitment, by the great number of detachment, by the strong suspicions that some of the magistrates were agents or collaborators of the ancient militia, and, last but not least, by their professional training. To the last promotion examination held this year, out of 780 candidates, a significant percentage (24% to material law, 18% to trial law, 64% to CEDO jurisprudence) obtained grades under 5 and continue to judge.
Whereas Courts functioning is involved, the introduction of a computerized file assignment system apart from benefices also brought some disadvantages. Computer assignment of both the judge and the first solution term of the file is improper. View the fact that the electronic files are only the newest ones, the situation may occur when a judge already having several files or very difficult ones to solve, becomes overcharged by the assignment of some new cases, without the ability to control this distribution.
Publishing court’s solutions still suffers delays, although the possibility was created to publish it on a special designed portal, but this opportunity is not enough explored.
The way Courts motivate their rulings is full of desuetude and it is archaic, risking not to be admitted by the European Courts.
The High Cassation and Justice Court should be the etalon. Professional and moral qualities of all judges from the Supreme Court should be beyond any doubt, but the criteria to assign them are still far from a real reform’s desiderates.