Law on disciplinary responsibility of judges leaves door open for corruption, CAPC

The draft law on the disciplinary responsibility of judges, developed by the Ministry of Justice, must be improved in order to create an efficient and transparent system of disciplinary responsibility. The opinion was voiced by the experts of the Center of Analysis and Prevention of Corruption (CAPC), who provided the expertise of the project’s corruptibility, Info-Prim Neo reports. CAPC expert Marina Calughin said that there are many known corruptibility factors. The project doesn’t clarify many aspects related to the essence and categories of disciplinary offenses. She says that the law must make a clear distinction between the types of juridical responsibility. The terms of 1 and 2 years are unjustifiably extended. The recommendation is to reduce them. Another recommendation is that besides the abovementioned penalties, the file in question should be removed from the judge. In addition, economic penalties such a wage reduction or suspension of the judge should be applied. As regards the Disciplinary Commission, which will have 11 members (6 judges and 5 representatives of civil society), Marina Calughin said that judge-members should be chosen from primary courts and not from superior ones. “In our opinion, two judges from the Supreme Justice Court and two judges from courts of appeal quantitatively reduce the level of representation of lower-rank judges”. Besides, in order to prevent accusations of corporatism and to ensure a fair disciplinary procedure, the disciplinary commission mustn’t have at the same time the competences to receive complaints and to undertake disciplinary inquiries, to hear cases and to rule disciplinary measures. Maria Calughin said it would be a better idea for this body to notify the competent institutions for penalizing lawyers, court officers, etc. As regards the economic-financial background of the project, the author admits its implementation will require additional expenses, but hasn’t evaluated its costs yet, observes CAPC. The expertise of corruptibility is provided by CAPC as part of the Project “Expertise of corruptibility of normative and legislative acts – stage IV”, with the financial support of the Sweden-based Civil Rights Defenders and of the Swedish Agency for International Development and Cooperation.
  • marina calughin despre legea privind raspunderea disiciplinara a judecatorilor.mp3
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