Abordări comparatiste privitoare la organizarea Inspecției Judiciare
Comparative Approaches concerning the Organization of the Judicial Inspection

Summary/Abstract: A comparative presentation of the organization of the Judicial Inspection is made in the present study, especially in the most important European democracies. Four main models for the organization of the institution were identified: a) the establishment of a judicial inspection within the Ministry of Justice; b) the establishment of an investigative body within the Superior Council of Magistracy (or of a body with a similar name); c) organizing a parliamentary procedure for the examination and application of disciplinary sanctions; d) the establishment of a body distinct from the Superior Council of Magistracy and the executive power. The author points out that a common model is the French one, namely organizing the institution around the "Minister of Justice", a solution that can generate serious susceptibilities due to the possible involvement of the executive in the Judicial Inspection’s activity. Among the described solutions, the author considers that the most suitable for the Romanian judiciary are those related to the maintenance of the Judicial Inspection as a structure within the SCM or its establishment as an autonomous entity. The first of these solutions would also involve a more significant representation of the civil society within the SCM.

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