Evoluții actuale ale administrării sistemului judiciar
Present developments in the administration of the juridical system

Summary/Abstract: In most European countries, the administration of the judicial system, as an activity consisting of elaborating, executing and implementing the public policies in the field of justice, falls, in principle, within the competence of the Ministry of Justice in its capacity as specialized body of the central public administration that has the power to elaborate, coordinate and implement the governing strategies and programmes meant to make justice function well. A permanent presence in the framework of the central public administration with many European countries, the Ministry of Justice has transferred a number of powers, particularly those referring to a magistrate’s career, to an autonomous administrative body known under various names: General Council of the Judicial Power (Spain), Judicial Council (Belgium, The Netherlands, Italy, Finland, Hungary, Lithuania, Latvia), Superior Council of Magistracy (Romania), a body that, in principle, is part of the judicial authority. Such splitting of the administration of the judicial systems was meant to provide them with an adequate standard of independence, in line with the preoccupations shown by the Council of Europe and the European Union in the field of efficiency and equity of justice, and even more so the priorities established by the judicial systems themselves: to inform the public about the way the judicial system is organized and functions; to simplify and accelerate the procedures; to reduce the costs of the of the judicial process; to provide the human and the financial resources required by a genuine access to justice; to respect and promote the independence of judges, etc. Thus, a modern administration of justice should take into account the functions of the judicial bodies, the access to justice, the procedural rules, the public’s confidence in the judicial bodies, the latter’s public image, the principles according to which cases are solved that should be consonant with the idea of equitable justice. A modern and efficient administration of justice should therefore be based on the collaboration of the main actors involved with this activity: ministries, judicial councils, the administrative offices of the courts of justice, as well as a common vision and strategy of reform. Present day reality has proved, however, that justice is still under the influence of a self-preserving instinct rejecting the idea of rapid reform, while the political class is not yet ready to accept justice as an equal partner implementing the national will.

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