REFLECŢII SUMARE ASUPRA PROIECTULUI DE LEGE PRIVIND STATUTUL MAGISTRAŢILOR
BRIEF REFLECTIONS ON THE DRAFT LAW REGARDING THE STATUS OF MAGISTRATES

Summary/Abstract: This study carries out a general analysis of the Draft Law regarding the status of magistrates, and the positive solutions proposed by its initiator are highlighted, as well as certain disputable approaches likely to be subjected to reconsiderations following the advised public debates. The author notes that most of the proposed standardizations are taken over from the applicable regulation, even from the solutions promoted as a result of the legislative amendments of the year 2018 and which, during those times, were criticized with a particular vehemence. A particular remark made by the author, at the beginning of the study, relates to consider the prosecutor to be a magistrate, this solution resulting also from the name of the Draft Law. A special analysis is given to the admission to the magistracy, to the promotion of judges and prosecutors, including in management positions. It is noticed the detailed description in the law of the conditions of admission to the National Institute of Magistracy, a solution imposed also by a decision of unconstitutionality, which assures more predictability for the legal regulations in the matter. Moreover, the study includes brief considerations relating to the disciplinary and patrimonial liability of magistrates. The author’s considerations and remarks shall result in a proposal to conclude an Agreement for justice between the main parliamentarian political forces, for the purpose of making an efficient and sustainable regulation in the matter, following the template of the agreement concluded in Spain in the year 2002.

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