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:Western University of Arad, Romania
Pages:128-138
SUMMARY

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 correspond 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 ... (see full summary)

 
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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 IOVAN
1
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 pr ofession 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 .

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