Romanian Legal System – ABSTRACT
The newest Euro barometers state pretty clear that justice within institutions enjoys a low level of confidence in Romanian collective imaginary, position that is not common for the European public. Even before the publication of the Surveillance report concerning the progress of Romanian in the E.U. adhesion process from September 2006, SoJust considered to be necessary a performance of an auto evaluation in this field, made with a maximum of seriousness and obeying to the objectivity, austerity and critic spirit standards and criteria. The alternative report performed by a complex team of SoJust specialists and partners uses both the votive research methods, as well as the conclusions of some empiric observations within the system. The report tries to cover the entire extent of the chapter Justice and aims to bring a contribution to the realization in due time of an efficient reform.
Legal education system. View the significant presence of the human element in this context, the reform of the legal system must begin with the reform of the legal education system. The lack of collaboration between the Ministry of Justice and the Ministry of Education and Research determines the fact that the future Law students do not have an elementary legal fundament (e.g. most of teenagers do not make the difference between right and obligation), at the present, there aren’t any optional courses of legal science fundamentals in the pre-university educational system.
After1989 a great number of Law Faculties received accreditation papers, without considering the real necessary of legal experts on the Romanian working force market. At the present, there are 38 Law Faculties, with all accreditation formalities accomplished, functioning with an average number of 63 586 students. The accreditation was obtained even if some important quality requirements were missing in accordance with the international standards concerning the admission, the number and the quality of the accepted students, the teaching curricula, the technical and material equipment offered by the educational unit, the adequate libraries, the number and the quality of the teachers, as well as the quality of the education received by the graduates. Law Faculties do not have an educational strategy concerning legal education in accordance with the requirements determined by the socio/economic and political changes of the last years. Over a decade since European Convention ratification, Romanian Law School graduates do not have elementary knowledge about the law system offered by CEDO and CEJ, and, only a few months before the adhesion, the communitarian law curricula is rarely present within law faculties programs of study, although the lack of adequate education of our legal experts in the field of European protection of human rights determined already great loss to the Romanian Government, at least 50 millions EURO. Because of these major deficiencies, the lack of personnel in the Justice Department can not be covered, despite the great number of Law graduates. Although in 2005 we counted 10 898 graduates, the results of the contests organized by the INM-National institute of magistrates, by the Ministry of Justice and by the Bars offer a clear image of the degree of educational performance of all those graduates. Out of the 180 places offered in contest by INM, initially there were only 56 definitive selections and, afterwards another 56, as a result of the contestations, although the number of candidates inscribed to the admission contest was 2 859 law graduates, and out of 25 job offers of the Minister of Justice, in December 2005 and 22 job offers in April 2006, 20% remained void in December and another 50% in April.