Este nevoie de o lege privind răspunderea magistraţilor

dr. CRISTIAN IONESCU*

* e-mail: cristian.ionescu@cdep.ro

Prof. univ. - Academia de Ştiinţe Juridice din România

ABSTRACT

In this article, the author advocates the necessity to adopt a special law on the liability of magistrates for committing the judicial errors through bad faith or due to their own negligence. The beginning of reforming the political system set in motion in December 1989 has generated also the change of the judicial system as a whole and, at the same time with it, of the relations between the state and the citizen, according to the principles of the constitutional democracy. As the new government system places at its foundation the individual-citizen, it was natural for the state to assume a direct liability for the violation by its judicial agents of the legitimate rights and interests of the citizens. In this framework, it was built a system of corrections for judicial errors, extended to the effective legal...