RESERVE OBLIGATION OF MAGISTRATES - INTERNAL 
AND INTERNATIONAL REGULATIONS Cover Image

RESERVE OBLIGATION OF MAGISTRATES - INTERNAL AND INTERNATIONAL REGULATIONS
RESERVE OBLIGATION OF MAGISTRATES - INTERNAL AND INTERNATIONAL REGULATIONS

Author(s): Popescu Viorica
Subject(s): Law, Constitution, Jurisprudence, Law and Transitional Justice
Published by: C.H. Beck Publishing House - Romania
Keywords: magistrate; reserve obligation; conduct; deontological values; the prestige of justice; domestic legislation; international documents;

Summary/Abstract: Modern society calls for greater transparency in the functioning of public bodies, including the judiciary. Society's expectations regarding judges and prosecutors, from the perspective of their manifestations and actions, determined the adoption of regulations that involve responsibilities and norms of conduct in relation to this evolution.In this context, one of the most important obligations of a magistrate is that of reserve, this having the role of creating a balance between the prestige and independence of the judiciary, on the one hand, and the conduct of the magistrates, on the other. Judges and prosecutors must have a behavior appropriate to the profession, in the exercise of the function and outside it, both by reference to the internal standard of the dignity of the profession, and by the external one, of public trust in the act of justice.This article aims to make a brief analysis of the content of the reserve obligation of magistrates, an obligation that expresses a practical synthesis of the general principles of the deontology of the profession (independence, impartiality, integrity) and involves moderation and restraint in professional, social and private life, through reference to the domestic and international regulations adopted in the field.

  • Issue Year: 15/2023
  • Issue No: 1
  • Page Range: 233-241
  • Page Count: 9
  • Language: English