Influencing Factors upon the Capacity of Anticorruption Law Enforcement Bodies in South East European Countries

• Author: Victor Teodor Alistar
• Position: Lawyer in Romanian Bar, Senior lecturer, National School of Political Science and Public Administration Bucharest, Romania. 6 Povernei Street, Sector 1, Bucharest, Romania
• Pages: 40-48

ACTA UNIVERSITAT

40

Abstract: The main object

independence of judiciary sy

that the independence of jud

and statutory provisions, but

factors which influence the c

countries. The article is pres

region of Europe. The analys

standpoint of the hierarchic

independence, legislative fra

society. The data used in this

the law enforcement bodies i

questionnaires sent out to ju

aspects of judicial system, ex

Keywords: independence of

perspective

1. Independency

The discrepancies be

statutory law and the

graphics3.

Regarding the extent

the answers show t

1Is a lawyer in Romanian

Administration Bucharest,

+4021.318.08.97, fax: +4021

2Albania, Bosn ia Herzegovin

Serbia

3All graphics are elaborate

corruption of the law enforc

coordinator Victor Alistar.htt

ATIS DANUBIUS Vol. 8, no

Factors Influencing the Capacit

Anticorruption Law Enforcement B

South East European Countr

Victor ALISTAR 1

ective of this paper is to present a regional perspective re

system, based on the magistrates’ perception. Taking into

udiciary is a co ncept which has to be not only guaranteed by

but mostly perceived as a functional reality, the present article

e capacity to act efficiently of the judicial structures in South E

resenting ones of explanation for low capacity to fight corru

lyse is built on a sociological survey conducted in nine count

hical relationships and of the guarantees of operational and

framework, resources as well as the relationship between ju

this articles provided by the study “Integrity and resistance to

es in South East European countries”. The concluding remarks

judges and prosecutors and emphasis cultural, managerial a

exposed by magistrates themself.

of justice; magistrates’ perception; accountability of magistra

between the degree of independence ensure

nd the perception of the real situation as in

nt to which the criminal judicial system is inde

that only 60% of the judges think the

an Bar, Senior lecturer, National School of Political Scienc

t, Romania. 6 Povernei Street, Sector 1, Bucharest, Ro

21.312.25.35. Corresponding author: victor.alistar@yahoo.com

vina, Bulgaria, Croatia, Macedon ia, Moldova, Montenegro,

rated based on the data reveal by the study “Integrity and

orcement bodies in South East European countries” conducte

r.http://www.rcc.int/docs_archive

. 8, no. 3/2012

acity of

nt Bodies in

ntries

e regarding the

to consideration

by constitutional

icle analyses the

h East European

orruption in this

ntries2from the

nd professional

justice and the

to corruption of

rks are based on

l and functional

istrates; regional

nsured by the

in following

ndependent,

he system is

ence and P ublic

Romania, tel.:

com.

ro, Romania and

nd resistance to

cted by research