40 TEODOR VICTOR ALISTAR
risks: a) the risk of a lengthy solving of a case, which would void the law of its
efficient application, and b) the risk of a too short solving of a case, which might
lead to a superficial judgement.
In our opinion, the indicators used to estimate the efficiency of the judicial
authorities should not be financially quantified, as in the case of the classic public
services, as the concept of investment recovery cannot be applied here. In this
respect it is important to underline the general context of professional skills in
Romanian public sector [Carausan, M. 2010].
The aim of justice is to ensure social organization from the point of view of stable
judicial rules, irrespective of the sector – public or private. Therefore, it would be
wrong to estimate the financial resources against investment recovery, considering
the role of justice as fundamental component of the social establishment.
The Romanian judiciary has four degrees of jurisdiction, which are, from the
lowest to the highest: district courts, tribunals/county courts, Courts of Appeal
and the Supreme Court, with hierarchical role of judicial control. The prosecutors’
offices are symmetrically organized beside these courts.
Chapter 2: Design and management of magistrates career as a tool for
enabling proper capacity of judiciary
The ability of the judiciary to meet optimum standards in public service
exercise [Barac, L. 2009] (for example: duration of trials, quality of procedure
application or access to justice) or to fulfil its role of ensuring the stability of laws
(for instance: unitary practice, quality and clarity of decisions or non-selective
approach) is determined by several categories of factors of influence:
1. Internal factors: personnel management that allots resources according to the
2. External factors: changes of the regulations governing the solving
competences or changes of the rights and liberties, able to generate legal conflicts
(for example, the properties retrocession laws, the pensions and social benefits
laws, or the regulations regarding administrative jurisdictions, whose decisions are
censured by courts).
factors Remedies External
1. Duration of
planning of the
the criterion of
on the degrees of
2 A similar mechanism exists in the Republic of Moldova, but concerning the legal risk of
generating corruption. Romania should complete the methodology necessary to draw up the public
policy file accompanying the regulations.