Courts

The short post-December history of the evolution of the institution of the courts

Shortly after December 1989, the courts entered the mix of events that marked the change. But this change was not fully expected. however, the court system has also undergone some changes; In this sense, we signal the re-establishment of courts of appeal, the development and expansion of the network of courts, the abolition of the military section of the ICCJ but the retention of other military courts (military courts, territorial military tribunal and the Military Court of Appeal) and, last but not least, specialized courts.

The number of courts in the country is established by the Law on Judicial Organization, starting – we like to believe – from certain statistical data that reflect the need to establish a court in a particular community, by reporting the number and frequency of disputes in that community. Unfortunately, regardless of such statistical data, some parliamentarians included in their electoral platforms promises regarding the establishment of new judges, promises that they then came to fulfill through certain pressures made on the Minister of Justice, in office at that time.

today, we have courts in very small localities, courts that do not justify their existence from the point of view of the load with files and that have big problems in filling the positions (Tarnaveni, Reghin, etc.). Or, worse, courts that were inaugurated, but that … do not work: between the two rounds of elections for the election of the President of Romania at the beginning of December 2004 [1], was inaugurated with great pomp by the Minister of Justice, in the presence of some local politicians, the Sangeorgiu de Padure Court, which counts, at that time, 4 communes that it was to “pastor” legally. almost two years have passed and the Court has not actually opened for the simple reason that the new laws of the judicial organization provided for the decision of the SCM Plenum to establish this court, which, in a hurry to sanctify a political agreement, but detached from reality, politicians -they forgot. thus, billions of old lei, as much as the new headquarters of the court cost, go on the water of Saturday, the “inaugurated” building entering a state of preservation because the SCM did not issue the decision in question, on the contrary, this court similar situation) following, according to the SCM’s intention,[2] . The paradox is that this court appears in annex no. 1 lit. aa Law no. 304/2004 regarding the judicial organization as being established. In any case, the political power involved, through these modalities, the judicial authorities in actions that exceed its attributions, being a clear interference in the judiciary.

Lacking a clear policy on judicial organization, in 2003 the issue of reducing the number of courts of appeal in the country was discussed, following the approach of the concept of regionalization , but the discussion was abandoned and after a few months the change of jurisdiction determined, on the contrary, completing the personnel schemes also within these courts. then followed successive modifications, additions and returns to the previous competencies that upset the entire judicial system with serious consequences on the system as a whole, on litigants and, last but not least, on society in general. such “judicial experiments” must cease if we want accessible and predictable justice.