Short considerations regarding the magistrates'liability in the context of the new legal provisions on the reform in justice

• Author: Constantin Manoliu
• Position: PhD Student at 'Alexandru Ioan Cuza' Police Academy from Bucharest, Romania
• Pages: 40-48

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2018), pp. 40-48

40

SHORT CONSIDERATIONS REGARDING THE MAGISTRATES’LIABILITY IN

THE CONTEXT OF THE NEW LEGAL PROVISIONS ON THE REFORM IN

JUSTICE

C. MANOLIU

Constantin MANOLIU

PhD Student at "Alexandru Ioan Cuza" Police Academy from Bucharest, Romania - Doctoral

School of Law

Domicile: Oradea, C. Tănase street, no. 2/A, ap. 3, Bihor county

E-mail: costi_manoliu@yahoo.com

ABSTRACT

The present study analyzes the magistrates' responsibility, in the light of the old and

the new legal regulations, the exercise of the right to recourse action of the state against

magistrates in case of judicial errors, and the conditions that must be be met in order to

promote this action.

The author identifies possible vulnerabilities of the new regulations on the

magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the

exercise of their job duties.

The study is focused on the new amendments of the Law no. 303/2004 on the status of

magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates,

includes issues related to the guarantees regarding the enforcement of the principles of

independence and impartiality of magistrates, guarantees aimed at maintaining a balance

between the magistrates' responsibility and their independence.

KEYWORDS: magistrates’liability, recourse action, judicial error, bad faith, serious

negligence.

INTRODUCTION

In the exercise of their job duties, judges and prosecutors are not avoided by possible

judicial errors that have the consequence of harming a person's interests. In this context, in a

legal state, there must exist the possibility of magistrates’ liability for the judicial errors

committed and, consequently, of repairing the damages caused to injured persons as a result

of the magistrate's decision or behavior.

As regards the magistrates’liability, both the Constitution of Romania and the Law on the

statute of judges and prosecutors provide that magistrates can be held accountable, through

the special law being regulated three forms of liability: civil, disciplinary and criminal under

the law

1

.

1

Article 94 of Law no. 303/2004 published in the O fficial Gaz ette of Romania, Part I, no. 576 from 29 June

2004, as amended and republished on the basi s of Art. XII of T itle XVII of Law no. 247/2005 regarding the

reform in the field of property and justice, as well as some related measures, published in the Official Gazette of

Romania, Part I, no. 653 of 22 July 2005, giving t he texts a new numbering;

https://www.juridice.ro/549626/raspunderea-civila-a-magistratilor-in-contextul -noilor-propuneri-legislative.html

-06.01.2019