Justice Reform as Part of the Europeanisation Process. Disciplinary Liability of Judges: Comparative Analysis between the Legislation of the Republic of Moldova and Romania
Justice Reform as Part of the Europeanisation Process. Disciplinary Liability of Judges: Comparative Analysis between the Legislation of the Republic of Moldova and Romania

Summary/Abstract: In this study, the author refers to the legal framework in force in terms of disciplinary liability, making a comparative analysis between the legislation of the Republic of Moldova, a candidate country for the European Union, and Romania, a member country of the European Union. The author provides a comparative picture of the mechanism of disciplinary liability of judges in Moldova and Romania, which is extremely complex. In the Republic of Moldova, in the last five years, more than 7,500 complaints regarding the actions of judges were submitted to the Superior Council of Magistracy (CSM), on the basis of which 250 judges were brought before the Disciplinary Board and 49 sanctions were applied. For each case, which goes through all the stages of a disciplinary procedure, no less than five institutions are involved and between 30 and 38 people are assigned, the duration of each case being estimated at around 400 days. These data are presented in the latest study conducted in 2020, in the Republic of Moldova.In Romania, the disciplinary liability of judges is regulated by Law no. 303/2004 regarding the status of judges and prosecutors. In case of violation of ethical norms and service obligations, judges may be subject to disciplinary sanctions by the Superior Council of Magistracy. The evaluation of the legislation and practices in Romania will allow us to understand what good practices we can adopt in the matter of disciplinary liability. As for disciplinary sanctions, they can range from a warning and fine to suspension or removal from office.In conclusion, the author mentions the importance of approaching the respective subject, through the prism of the intention of the Republic of Moldova to join the European Union, and will serve as an important study for connecting the legislation in force to European standards.

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