NEW BILLS ON THE ROMANIAN JUDICIARY 21/04/2010 |
(2010-04-21) |
Last updated: 2010-04-22 13:02 EET |
The Romanian justice minister believes that the proposed measures, which he calls a small-scale reform, will pave the way for the better administration of justice, for more transparent, faster and less expensive judicial proceedings. The measures concern both civil and criminal trials, as well as the investigation procedures carried out by prosecutor's offices. Here is minister Predoiu, listing some of the major features brought in by this bill:
It simplifies subpoena procedures, binds judges to schedule hearings for shorter deadlines, even from one day to the next, it simplifies procedures at the High Court of Cassation and Justice, it regulates the admission of guilt, to the effect that lengthy procedures, which are no longer relevant to establishing the truth, are discarded.
Among other changes, the new bill assigns the payment of court expenses to individuals who resort to the judiciary too frequently and without grounds, so as to reduce the large number of unjustified complaints filed with the prosecution authorities, while also reducing the number of appeal options available to court users. The justice minister admits however that, of the major flaws of the judicial system, the most criticised is the unjustified duration of trials, along with the intricate, costly and excessive focus on the letter, rather than the spirit of law. Minister Catalin Predoiu says the endorsement of these measures is a step forward towards the moment when the new Civil Code and Criminal Code takes effect, after they were signed into law by President Traian Basescu last year:
We are preparing the entry into force of these new Codes, given that the system threatens to reach its limits, because of the personnel shortage in relation to the increase of the number of cases pending trial.
On the other hand, critics of these measures have noticed that, apart from their intended positive effects, they also include a number of dangerous ideas. One of the controversial provisions is that suspended sentences can no longer be pronounced for certain corruption-related offences. Commentators have suggested it is unacceptable that while someone who takes a small bribe can go to prison, politicians who abuse their office to secure huge benefits only receive suspended sentences.
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