Judiciary Raport

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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA 20
Regarding the behaviour of the judicial officials 29
12. Judicial officials are criminally liable for corruption and disciplinarily liable for severe
misconduct. Limited immunity for judges should be granted in order to ensure they deliver
justice free from fear of civil suit. (E12)
13. An independent body must investigate complaints against judges and prosecutors and
motivate every decision in this regard. (E13)
14. Parties and civil society may submit disciplinary complaints against judicial officials. (E14)
15. Parties can effectively ask a judge or a prosecutor to withdraw from a case if he/ she has a
personal or professional interest in it 30. (E15)
16. Judges and prosecutors can be removed for severe misconduct based on a fair and
transparent procedure. (E16)
17. Judges, prosecutors and judicial officials are requested to disclose their wealth and
incomes31. (E17)
18. If an administrative or criminal procedure is initiated against a judicial official, he/ she
cannot end his / her tenure upon request, nor retire or resign in order to avoid sanctions,
until the procedure is closed. If tenure ends because of severe misconduct or corruption,
judicial officials cannot enjoy the special pension. (E18)
19. Confidential whistleblower complaint procedures should be available. (E19)
20. Sanctions for corruption of judicial officials shall be effective, proportionate and dissuasive,
and include financial and criminal penalties, including confiscation of illicit gains 32. (E20)
Judiciary`s public accountability
21. Confidential The Judiciary shall publish annual statistics about the cases brought before
it/ handled, the length of the procedures, the amount of judicial taxes received, the total
budget used, the number of staff, the costs of its operations and the total amount of the
proceeds of crimes recovered. (E21)
22. Civil society shall be able to challenge the reports of the courts and to request additional
information. (E22)
29. See also standards at Independence
30. See also standards at Impartiality
31. See also standards at Integrity
32. Art. 3 of OECD Anti-Bribery Convention: ; Parties
must take such measures necessary to provide that the bribe received by a government official and profits received by
the giver as a result of the bribe are either confiscated or their value reflected in monetary sanctions