Strasbourg, 22 January 2002
CCJE (2002) 2
Consultative Council of European Judges (CCJE)
Questionnaire on the conduct, ethics and responsibility of judges: reply submitted by the delegation of Romania
Questionnaire on the conduct, ethics and responsibility of judges
1) Magistrates must refrain from any acts or deeds that can compromise their dignity on function and on society. They must not be involved in politics, must not have any other functions, but may collaborate to specialized publications or be professors.
2) There doesn't exist such a code in Romania but there are general rules on the Law for Judicial Organisation
- We have answered (2).
- Only those established for disciplinary faults are penal faults, ending of the work – contract (3).
3) We have answered.
4) According to the law the impartiality is called into question in the cases when the judge is related to those he/she judges. According to the practice there are situation when impartiality may be affected by political influences, mass-media pressure, friendship.
(1) If by his/her deeds the judge disrespects the civil/penal law (not the mistakes solved in the control instances, during the attack procedures).
(2) Civil cases are judges according to common law (civil and civil procedure). Criminal cases – in which judges are involved and accused are solved (and it is irrelevant if the case is in relation to the professional activity, after obtaining the advice of the Ministry of Justice or of the President of Romania – for SCJ judges. The penal trial in which a judge is injured party is solved according to the common law (penal and penal procedure).
(3) The competent courts are the common instances. When the accused is a judge of a certain grade the court must be of a superior level.
(4) The solutions are the common ones (also for other persons).
(6)Yes, a judge can be subject to disciplinary procedures :
- 1.for faults regarding work obligations and also for behavior damaging service interests or of justice prestige.
Examples : constant delay in work fulfillment, unjustified absence from work, intervention or insistence for solving requests concerning the satisfaction of their interests or of members of their family, outside legal provisions, interference on the activity of another magistrate, irreverent attitude at work, nonobservance of the secret of deliberation or the refusal to fulfill a duty according to their function, manifestations damaging professional honour or integrity etc.
- 2. The disciplinary action is started by the Ministry of Justice, the prior investigation being performed by judges holding at least the same hierarchic rank ; the judge who is accused is heard cn formulate a defence. Then the Superior Council of Magistracy is notified and solves the case, the parties being summoned. The judge may be assisted by another magistrate. The decision may be contested, the decision being final ( the panel of 9 judges of Supreme Court of Justice).
- 4. Disciplinary sanctions : reprimand, remonstrange, decreasing the slry, withdrawal of merit slary, disciplinary transfer – temporary, suspension from function for maximum 6 months, removal from the magistracy, or from a leading function.