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State to seek legal redress, through Finance Ministry, against magistrates who commit errors

magistrati

Deputies decided the state seek legal redress, through the Finance Ministry, against magistrates who committed errors and on Wednesday evening adopted to this end an amendment to Law 303/2004 on the judges' and the prosecutors' statute. 


"After the damage was covered for by the state by virtue of the irrevocable resolution given with observance of par (6) provisions, the state takes compensatory legal action against the judge or prosecutor who, in bad faith or gross negligence, made the judicial error causing the damage. 

Paragraph 6 invoked in the amendment states that "In order to compensate the damage, the wronged party can only take action against the state, represented by the Public Finance Ministry." 

Previously, the special parliamentary committee on the justice law package had rejected this proposal in favour of an amendment formulated by the National Union of Judges (UNJR) and the Magistrates Association , according to which the state "has the right" to take action against the judge or prosecutor who committed a judicial error out of negligence or bad faith. 

The special parliamentary committee on the justice law package decided to amend this law, among the most important changes being the one stating that the head of state cannot refuse the appointment of the president and deputy president of the High Court of Cassation and Justice.

AGERPRES .


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