Echilibrul fragil al justiţiei: judecătorul, între neutralitate şi activism în faza preprocesuală

MARIA ROXANA MAZILU

Secretar administrativ - EOS KSI Romania

ABSTRACT

The pre-trial phase is not merely a preliminary stage of adjudication but a forum where fundamental values of law intersect: judicial neutrality and activism, procedural formalism and flexibility, tradition and modernity. At this stage, the architecture of the proceedings is defined and the foundations of a fair trial are established. The contemporary judge can no longer be confined to the role of a passive arbiter; rather, he is called upon to act as the architect of the procedural framework, a guarantor of impartiality, and a builder of public trust in justice. The analysis underscores the relevance of internal normative foundations-such as the principle of party disposition and the mechanism of regularisation-together with the jurisprudence of the Constitutional Court, the High Court of Cassation and Justice, and the...