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ENCJ adopts resolution on transparency and access to justice

The General Assembly of the European Network of Councils for the Judiciary (ENCJ) on Friday adopted a resolution on transparency and access to justice, as part of its 7th annual meeting, hosted by the Romanian Council of the Magistrates (CSM) in Bucharest.
CSM Chairman Virgil Andreies told that ENCJ has determined at its General Assembly’s meeting in Bucharest that all the member states have the same preoccupations with the judiciary.
‘I am very pleased to see that the preoccupations of all the councils for the judiciary in Europe are the same as the ones of Romania’s CSM. The theme of this annual meeting was transparency and access to justice. After heated debates, the participants agreed on a three-point resolution,’ said Andreies.
He said the first point of the document mentions that in order to secure the supremacy of law, the councils for the judiciary will have to secure full transparency of the judiciaries.
The second point defines what transparency means, reading that a transparent system is that system under which everybody has access to justice or an alternative way of solving litigations, with the judiciary procedures being accessible to all individuals and legal persons.
‘Laws and regulations, the European body of law included, have to be accessible and easy to understand by everybody. The third characteristic as far as transparency is concerned says that each case has to be solved within a reasonable time limit, with reasonable costs and in accordance with the law, but various resolution standards may be set in place for cases according to their complexity.

Then, court rulings have to be clearly reasoned and made public, with the exception of personal data, and the interests of the parties have to be considered and observed by the judiciary,’ said Andreies.
The CSM chairman mentioned that the most important provision of the resolution is that the executive branch of the power and the legislative branch must secure enough funds for the functioning of the judiciary.
‘When the budget is drawn up, full transparency has to be displayed and implementation thereof has to be done accordingly.
The third point of the resolution mentions the obligations incumbent on the councils for the judiciary, namely such councils have to be responsible for the adequate functioning of justice administration by securing transparency for the carrying out of the councils’ duties, particularly in relation to financing, professional training, appointments to the system, disciplinary issues and the protection of the image of justice, by providing sufficient information to the public and the mass media, and also to draw up annual reports on how they are carrying out their duties,’ said Andreies.
Asked whether the resolution will help the Romanian judiciary, Andreies said, ‘I believe is will be a though and a daily concern for us to thrive to achieve the two fundamental objectives, namely transparency and access to justice.’

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