Values and ethical principles for practicing as magistrate/ legal advisor out of the perspective of the codes and national and international statements of principles

• Author: Martian Iovan
• Position: Professor
• Pages: 128-138

Values and ethical principles for practicing as magistrate/ legal advisor

out of the perspective of the codes and national and international

statements of principles

Professor Marţian IOVAN1

Abstract

The coordinating and regulating role of the moral values, of the Deontological

Code in practicing the magistrate/ legal advisor position is analysed in this article, so that

their decisions correspon d the universal imperative of practical accomplishment of justice,

implicitly to the audience’s expectations with regard to the efficiency and efficacy of the

services delivered by the institutions in the judicial system. The subject is of obvious

actuality, fact which results in the existence of a relevant number of cases of vio lation,

deforming of the ethica l principles, of the specific deontological norms fo r the legal

advisors, especially for the m agistrates, which occur in performing the act of justice. The

author highlights through examples, the harmful effects of some magistrates’ side-slipping

from the ethical principles (Independence, Impartiality, Integrity) stipulated in the most

important deontological codes, statements of principles or national and international

conventions. The lo gical conclusion, resulting from th e analyses, aims to perfection the

judicial system, the moral part of the legal higher education, of the magistrates’ continuous

training and assessment.

Keywords: ethical values, The Bangalore Principles, Independence, Impartiality,

Integrity, judicial decision.

JEL Classification: K40, K42

1. Introduction

A magistrate’s mastery of information in the field of legal sciences and of

the procedures required for accomplishing an act of justice is not enough for

ensuring the professional success expected by other institutions of the state and by

the general public, as this kind of knowledge has a prevalently instrumental role

and is not a purpose in itself. Ever since justice has existed, the conduct of a

magistrate has been perceived and evaluated by institutions, organisations,

litigants, public opinion, independent observers, as being the most important factor

in accomplishing justice and in securing the credibility, efficiency and efficacy of

the judiciary system. For these very reasons, a magistrate’s profession is much

more than the implementation of legal sciences, while observing official

procedures; it depends essentially on extra scientific factors that are part of the

magistrate’s moral and professional personality structure: belief system, general

orientation of his/her personality, ethical values underlying his/her personality and

1 Marţian Iovan - Faculty of Law, “Vasile Goldiș” Western University of Arad, Romania,

iovanm@uvvg.ro .