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Nonuniform judicial practice influences quality of motivation of decisions, CRJM


https://www.ipn.md/index.php/en/nonuniform-judicial-practice-influences-quality-of-motivation-of-decisions-crjm-7967_1084668.html

The nonuniform judicial practice and the workload of judges are among the main factors that negatively influence the quality of motivation of court decisions, shows a study by the Legal Resource Center from Moldova (CRJM). The tradition to summarily motivate court decisions, efficient management and fluctuation of personnel that assist judges are essential in ensuring the quality of motivation of court decisions, say the analysis authors, who are quoted in a press release of the organization.

CRJM legal adviser Ilie Chirtoacă in the event to present the study said that a judicial system that enables to adopt poorly motivated decisions not only increases the probability of injustice, but always faces an increased demand and the public’s distrust, IPN reports.

CRJM president Vladislav Gribincea noted that the salaries of personnel that assist judges should be mandatorily increased so as to solve the problem of staff fluctuation. The efficiency of the justice system should be increased and communication between judges and between judges and representatives of the other legal professionals should be improved.

The authors of the analysis recommend introducing measures to standardize case law in the legislation and in the management practice of courts of law, transferring particular categories of civil lawsuit under the management of bailiffs, reintroducing automated motivation of all the civil court decisions and abandoning mandatory judicial mediation.

The research was carried out in partnership with Romanian judges Horațius Dumbravă and Andrea Chiș.