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Responsibility of magistrates – guarantee of the legality and efficiency of the judicial power in the Republic of Moldova and Romania


Author: Daniela Cozma
Degree:doctor of law
Speciality: 12.00.02 - Public Law (with specification: Constitutional, Administrative, Police, Military, Financial, Customs, Information, Ecological); Organization and Functioning of Law Institutions
Year:2021
Scientific adviser: Gheorghe Costachi
doctor habilitat, professor, Institute of History of the ASM
Institution: Moldova State University

Status

The thesis was presented on the 19 March, 2021
Approved by NCAA on the 30 July, 2021

Abstract

Adobe PDF document – 0.90 Mb / in english
Adobe PDF document – 0.62 Mb / in romanian

Thesis

CZU

Adobe PDF document 3.66 Mb / in romanian
248 pages

Keywords

judge, justice, legality, liability, disciplinary liability, criminal liability, civil liability, miscarriage of justice, good faith, bad faith, gross negligence, crimes against justice

Summary

Thesis structure: introduction, five chapters, general conclusions and recommendations, bibliography of 322 titles, 7 annexes, 207 pages of scientific text. The scientific results are published in 24 scientific papers.

Field of study: 552.01 - Constitutional law.

The aim of the paper is to detailed research of the institution of liability of judges in the Republic of Moldova and Romania in terms of its legal forms, in order to outline the legal regime, the particularities that characterize them, and elucidate possible legislative shortcomings and formulate the normative optimization solutions.

The objectives of the research: to elucidate the essence and content of legality and efficiency as fundamental principles of justice in the rule of law; analysis and argumentation of the special status of civil servant of the judge (person with a position of public dignity in the Republic of Moldova) and of his standards of conduct; the study of judicial immunity in its capacity as guarantor of the independence of the judge in the conditions of bringing him to legal liability; shaping the legal regime of the disciplinary liability of the judge in Romania and the Republic of Moldova, from the perspective of legal features, grounds, content of disciplinary violations and applicable disciplinary sanctions; shaping the legal regime of criminal liability of the judge in Romania and the Republic of Moldova as a civil servant and magistrate for committing crimes of service, corruption and against justice, as well as the procedural particularities of its application; shaping the legal regime of the civil liability of the judge in terms of characteristic features and conditions in which it may occur in Romania and the Republic of Moldova and emphasizing the correlation with the patrimonial liability of the state for judicial errors.

The novelty and scientific originality of the paper consists in the fact that the research is focused on a comparative approach of the institution of magistrates' liability in the Republic of Moldova and Romania, which made it possible to elucidate similarities and differences in best practices, but also of the deficiencies that need to be remedied.

The important scientific problem solved lies in considerable development of the contemporary theory of magistrates' liability, which allowed shaping the legal regime of their disciplinary, constitutional, criminal and civil liability, necessary to substantiate measures to optimize the legislation of Moldova and Romania in the field.

Theoretical significance. The results obtained are beneficial to the continuous development of the theory of constitutional law, judicial law, criminal and civil law in matters of accountability of magistrates. The paper is a useful monographic source for further research in the field. The applicative value of the paper. The obtained results can serve as landmarks for the subsequent research of the problem, as well as in the didactic process as a theoretical support for the specialized courses.

Implementation of scientific results. The obtained results can be used to review the legislation in the field, including at the constitutional level, as well as to optimize the mechanism for bringing disciplinary, constitutional, criminal and civil liability of judges from the Republic of Moldova and Romania.