Part III
Ştefan DEACONU, Ph.D. in Law, Lecturer Professor, The Role of the Superior Council of Magistracy as guardian of the independence of the Romanian judiciary
The article makes a review of the role that the Superior Court of Magistrates has in ensuring the independence of the judges in Romania. Are explored issues such as: the legal nature of the SCM, the limits of the independence of the judges, the way that SCM is defending this independence, the responsibility of the judges and also the efficiency of the inspections made by SCM.
In the article, the author makes a series of proposals to improve the activity of SCM, considering the need for a better institutional communication and a greater transparency of the SCM in terms of carrying out the tasks and also the selection of the members of that body. It is also necessary for the members of the SCM to have a moral and professional recognition of their fellows magistrates whom they represent. Last but not least, it is needed a proactive attitude of SCM in terms of involvement in the approval of the main legal acts with implication in the judiciary system.
An independent magistracy represents the strong guarantee of keeping the authority of the law and of protecting the human rights. The independence of the magistracy cannot be assured but in the case when all those involved are trained to directly sustain the free democratic institutions. Justice has to rule, in the cases it solves, based on facts and in accordance with the provisions of the Law, without restriction, unwanted influences, pressure of any kind, threats or any direct or indirect infringements, regardless of the reason. The independence of the judges and that of the courts of law represents not only the necessary condition for a better functioning and enforcement of the justice, but it also represents the guaranty for protecting the rights and freedoms in front of power.
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