Comparative commentary of the CLR on the Law no. 304/2004 on the judicial organization

The Center for Legal Resources continues its series of commentaries on the Laws of Justice and their history. Today we discuss

The Law no. 304/2004 on judicial organization.

Some key points in the proposed law that should draw our attention:

1. Court heads become the majority in the management committees
2. The General Prosecutor gains more powers by being able to invalidate measures and decisions made by the prosecutor, but not in the case of National Anticorruption Directorate and the Directorate for the Investigation of Organized Crime and Terrorism.
3. There is no requirement of rank (prosecutor’s office attached to a court or court of appeal) for the prosecutors applying to the National Anticorruption Directorate and the Directorate for the Investigation of Organized Crime and Terrorism.
4. The “competition” at the National Anticorruption Directorate and the Directorate for the Investigation of Organized Crime and Terrorism is actually an interview
5. The Minister of Justice gains more powers: s/he becomes a party to the drafting of the Internal Rules of Courts and has a binding endorsement on the Internal Rules of the Prosecutor’s Offices

The full document, with all comments and legislative developments from 2004 to the present, is available here .

The other comments of the Center for Legal Resources are available in this section.