Judiciary Raport

CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA

PROPER ADMINISTRATION OF JUSTICE

Judicial proceedings have to be expeditious, according to the complexity of the case, and

should always observe the procedural rules and the protection of fundamental rights. (G1)

A judge’s caseload shall ensure sufficient time for him / her to understand the case, analyse

all the evidence submitted and make decisions in good faith. (G2)

Judicial officials must always observe fundamental rights and procedural rules when

gathering evidence, in order to avoid obtaining evidence unlawfully. Using unlawful

evidence may render the whole process unlawful and thus grant impunity to the guilty due

to violation of his/ her human rights. (G3)

The defendant shall enjoy the presumption of innocence until a final conviction is issued. (G4)

All sanctions and measures applied by the judiciary must be proportional. (G5)

Immunity rules for members of parliament or judicial officials shall respect their

independence, but not prevent justice. (G6)

Courts or other public institutions should provide information regarding pending cases with

discretion and circumspection to avoid public speculation as to the defendant’s guilt or

innocence. The court should avoid any suggestion to indicate its ruling beforehand. (G7)

Media campaigns that can influence public opinion, jurors or lay judges are strictly

prohibited. (G8)

The legal framework, particularly in criminal cases, shall only be altered by amendments

adopted by the legislative body. (G9)