Expunere de opinii referitoare la reglementările juridice naţionale în domeniul formării şi activităţii colegiului disciplinar şi al răspunderii disciplinare a judecătorilor
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NEGRU, Andrei. Expunere de opinii referitoare la reglementările juridice naţionale în domeniul formării şi activităţii colegiului disciplinar şi al răspunderii disciplinare a judecătorilor. In: Revista Naţională de Drept, 2011, nr. 1(124), pp. 10-18. ISSN 1811-0770.
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Revista Naţională de Drept
Numărul 1(124) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X

Expunere de opinii referitoare la reglementările juridice naţionale în domeniul formării şi activităţii colegiului disciplinar şi al răspunderii disciplinare a judecătorilor

Pag. 10-18

Negru Andrei
 
Universitatea de Stat din Moldova
 
 
Disponibil în IBN: 16 decembrie 2013


Rezumat

This paper represents a detailed analysis of the national legislation in the field of justice and especially of the judge disciplinary responsibility. There is determined the role and the exact place of the Judges Disciplinary Committee, created under the Supreme Court of Magistracy, by tracing out the regulation ambiguities. Because of the existent deficiencies in the Law of the Judges Disciplinary Committee and judges’ disciplinary responsibility of Republic of Moldova, we recommended how to modify and complete it; the article contains a detailed analysis of our attitude, there have been given the composition and the content of the Law, that must be more actual and larger in regulation comparatively with the valid Law. We proposed to modify its structure and to include four compartments, each of them with an exact content possible. We consider necessary to include in the first compartment the regulations about the Judges Disciplinary Committee nature and competence and about its level of collaboration with the Supreme Court of Magistracy. The second compartment has to regulate the way of creation and the structure of the mentioned Committee, inclusively the legal guarantees of impartiality, immovability and independence of the professors and judges – both of these two categories being members of the Judges Disciplinary Committee. The definition of disciplinary deviation may represent the object of the third compartment, without enumerating in an exhaustive list the acts that can be appreciated as such deviations; so, the new Law will be nearer to the democratic spirit of the European Charter on the statute of judges and the Opinions of the Consultative Council of European Judges, that mention the judges obligation to respect behaviour standards in their activity and outside it in the everyday actions. It is not absolutely necessary to choose a disciplinary deviation from a list included in a law, because we have to understand that a deviation represents the opposite of an irreproachable behaviour. The fourth compartment of the Law must include, in our opinion, procedural norms that will regulate the Judges Disciplinary Committee activity. We are sure that as a result of adopting these modified norms by the competent people – members of the Parliament, after consulting, inclusively, the scientists in this field of justice, will be solved or, at least, avoided difficulties we confront with at present, some of them being: the absence of an exact statute of the Judges Disciplinary Committee itself, of the guarantees of professors statute (members of the Committee), the non-balanced numerical structure of the professors and judges - members of the Committee, allowing the personal decisional competence of appointing the members of the Judges Disciplinary Committee, the risk of political interference in the Committee activity and other difficulties. Thus, Republic of Moldova will be able to get closer to the democratic states in the aspect of normative support in the field of justice (inclusively the judges’ disciplinary responsibility) and will assure the regulatory uniformity, by respecting in practice the fundamental principles of magistrates’ independence, impartiality, immovability and integrity.