PROCESUL CONSOLIDĂRII JUSTIȚIEI – AUTOPERFECȚIONAREA CONTINUĂ A JUSTIȚIEI CONTEMPORANE

Abstract

The present study represents a detailed analysis, with individual judgments made to a process, extremely important for justice as a phenomenon, namely the consolidation of justice. Starting from generalized and abstract doctrinal aspects, it smoothly and consequently moves to the praxeological aspect of the process itself. Since the subject in question bears an absolutely innovative character for the juridical doctrine, it causes increased interest among the theoreticians and practitioners in the field. In order to initiate the extensive and complex process for consolidation of justice, it is necessary to accumulate information about the state of things in the field by emphasizing the strong points, as well as the deficiencies, risks and difficulties to ensure the real possibility of finding correct and viable solutions. The following stages are implementable only after a thorough analysis of the factual circumstances and constitute an ensemble of actions and strategies that are to be implemented by highlighting both the objective, as well as the subjective sides. One of the key ideas developed in this work refers to the fact that the process of consolidation of justice should obligatorily contain a change from inside, that would be reflected both within the judicial system as a whole, as authority and element of the trichotomous state structures, as well as in each separate court of law, at the level of each judge including. The impartiality, independence and integrity represent obligatory pillars specific to the activity and the image of each of the ones mentioned above. The evolutionary aspects should also be sensed under other systems pertinent to the judicial one, like the prosecutors’ system and the Bar, as well as within the groups of professionals indirectly involved in the good functioning of judges (advisors, clerks, consultants, translators, technical assistants, etc.). Also, in order to ensure the mobilization of absolutely all the means necessary for the achievement of the final result – consolidation of justice, the reforms cannot avoid independent structures like the Superior Council of Magistracy, the Superior Council of the Prosecutors (in the states where such a structure exists), and at the same time, by law, as well as by socio-legal traditions, the relationships established between the judicial authority and other judicial and / or political entities (the Constitutional Court, the legislative, the executive).