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The responsibility of judges in exercise of justice


Author: Ghernaja Geta-Cristina
Degree:doctor of law
Speciality: 12.00.01 - General Theory of Law, History of State and Law, History of Political and Law Doctrines
Year:2011
Scientific adviser: Dumitru Baltag
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 15-12.00.01-25.12.03
Institute of History of the ASM

Status

The thesis was presented on the 10 September, 2011
Approved by NCAA on the 22 December, 2011

Abstract

Adobe PDF document1.90 Mb / in romanian

Keywords

juridical responsibility, juridical liability, magistrates, judges, penal liability, patrimonial liability, disciplinary liability, procedural liability, deontological rules, judicial authority, justice

Summary

The structure of the thesis. The paper is structured in introduction, as an initiation into the study, followed by three chapters and by the synthesis of the obtained results, conclusions and recommendations, 2 annexes, bibliography of 389 titles, 198 pages of fundamental texts. The obtained results are published in 12 scientific papers.

Field of study. Thesis in entirely devoted to achieving a theoretical model of the judge’s legal liability, adjusted to achieve it in the contemporary practice, both in Romania and Moldova, the trial judges’s legal responsibility system in general liability, peculiarities in its report to other professionals and report the position and role of judges in society.

Goal and objectives of the paper. Establishing and formulating thesis conceptual approach and theoretical philosophy and practical legal responsability and liability, change in historical and legal responsability to identify the place and role of the judge in legal liability system in general, highlighting the status of judges, demonstrate the importance of legal responsbility to judge the phenomenon current law in the context of state responsability to the citizens to identify the main types of legal liability of the judge, the delimitation norms under the jurisdiction of the rules on ethics and deontology of the judge, the analysis compared liability of judges from other countries, mainly European, and theoretical conclusions of principles aimed at assessing and completing the legal responsability to judge the institution.

Scientific novelty and originality. The innovative character of the present thesis consists in the fact that it approaches an issue which is under the attention of the legislative power, of the civil society, both of the citizens and organisms of the European Union, and on the other hand, in the fact that there is no monographic paper dedicated to the research of juridical responsibility of the judges. The scientific novelty and originality of the paper consists in the arguing of certain conclusions of theoretical and practical nature and in the forwarding of the proposals of lege ferenda which might logically result from the investigations carried out within the paper, contributing to the enrichment of the doctrine in terms of the regarded issues, to the refinement of the current legislation both in Romania and Moldova, making it more compatible and logically well-rounded with the national and international regulations.

The applicative value of the paper. The applicative value of the paper consists in the fact that the principles and the conclusions formulated and argued complete, develop and concretize to a great extent certain areas of the general theory of law, of the constitutional law, civil law, penal law, labour (disciplinary) law, penal procedure, civil procedure, is a cohesive theoretical basis for further deepning of the theme to research or other persons liability public officials with a legal status of autority.

Implementation of the scientific results. The innovations, the conclusions contained by this paper may be used in the process of the legislation refinement, for the elaboration and modification of certain normative acts; for the interpretation of the juridical norms related to the juridical responsibility and liability; in scientific studies, for the research of the phenomena of “juridical liability”, of “professional ethics and deontology”, of “the juridical statute of judges”; in teaching the general theory of law, the constitutional, civil, penal, labour, penal procedure, civil procedure law, etc.; in the elaboration and teaching of a special course “The juridical liability of judges”; in exercising their profession as judges, but it also carries forth a practical interest for other categories of jurists, for litigants, politicians, journalists, students.