The Constitution charges the judiciary with the defense of socialist
order and the rights of citizens in the spirit of respect for the law.
It also gives the courts responsibility for correcting and educating
citizens who appear before them, to prevent further violations of the
law. Party leader Nicolae Ceausescu, in a 1970 pronouncement, indicated
that the party leadership may feel that the law should stress to an even
greater extent the defense of the state and society rather than the
rights of the individual. According to his statement, the first
obligation of the courts is to collaborate with the militia and security
forces and apply lawful punishment to those who disregard order and the
laws of the country. He went on to say that he considered that the
concepts of "solicitude for man" and "extenuating circumstances" were
poorly understood and were abused by overlenient courts. In his view the
courts had not shown sufficient firmness in cases involving trivial
infractions, such as rowdiness or minor infractions of the norms of
social relationships, or in cases dealing with persons who wish to live
without working (see ch. 8).
Nonetheless, the court organization, as it was redesigned in 1968, is
required to operate within a framework that is compatible with the penal
codes and is thoroughly described and established in the law. Of greater
significance, there has been an effort to make sure that the system is
run by adequately qualified personnel. People's assessors, who need have
no legal education, may outnumber the judges on the lower courts.
Decisions of these courts may, however, be appealed and, if higher court
panels are not made up exclusively of professional judges, the judges
always outnumber the people's assessors. Judges must be lawyers and are
preferably doctors of law.
The court system under the Ministry of Justice consists of the Supreme
Court, _judet_ courts, and lower courts. The lower courts, which might
be considered lower municipal courts, are usually referred to only as
"the courts." Bucharest has a court that is an equivalent of a _judet_
court, and it has several of the lower courts (see ch. 8).
The lower courts are courts of first instance in all cases they hear.
This could include cases that had previously been heard by judicial
commissions. Such cases would not be considered to have been legally
tried and would require reinvestigation and altogether new prosecutions,
making sure that rights of the accused and all legal procedures were
properly observed.
Appeals from the lower courts are heard by _judet_ courts, which are
also courts of first instance in more serious cases. Final appeal is to
the Supreme Court. There is no appeal from its decisions, but it is not
totally free and independent. It is within one of the government's
ministries and is also responsive to the party leadership.
Public-domain text, read in full here on John Shaqi.
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