{"title":"法官的特别评价:灵丹妙药还是普罗斯特的床?","authors":"Carolina Ciugureanu-Mihailuţă","doi":"10.53486/9789975155649.35","DOIUrl":null,"url":null,"abstract":"This study is reserved for the analysis of the problem of \"special\" evaluation of the Moldovan judicial system. The article reflects the purpose, necessity, justification, guarantees, international standards, but also the risks of ad hoc evaluation of judges. Any evaluation procedure of judges must pursue the sole purpose of enhancing the performances of judges. Ad hoc evaluation of judges may be necessary and justified if it is demonstrated that the judicial system is compromised to such an extreme degree and depth that the application of ordinary measures to ensure the evaluation and accountability of judges is not feasible to guarantee judicial independence, impartiality and integrity. In such a case, it is necessary to provide for a number of strict safeguards in order to provide protection to judges who conscientiously fulfill their duties. The application of measures to purify the judiciary without taking into account the international standards of fair trial or the basic principles of the independence of judges will compromise the intended objective, that of strengthening the judiciary, and will, on the contrary, undermine it.","PeriodicalId":103899,"journal":{"name":"30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness, Vol II","volume":"62 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Ad-hoc evaluation of judges: panacea or Procust’s bed?\",\"authors\":\"Carolina Ciugureanu-Mihailuţă\",\"doi\":\"10.53486/9789975155649.35\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This study is reserved for the analysis of the problem of \\\"special\\\" evaluation of the Moldovan judicial system. The article reflects the purpose, necessity, justification, guarantees, international standards, but also the risks of ad hoc evaluation of judges. Any evaluation procedure of judges must pursue the sole purpose of enhancing the performances of judges. Ad hoc evaluation of judges may be necessary and justified if it is demonstrated that the judicial system is compromised to such an extreme degree and depth that the application of ordinary measures to ensure the evaluation and accountability of judges is not feasible to guarantee judicial independence, impartiality and integrity. In such a case, it is necessary to provide for a number of strict safeguards in order to provide protection to judges who conscientiously fulfill their duties. The application of measures to purify the judiciary without taking into account the international standards of fair trial or the basic principles of the independence of judges will compromise the intended objective, that of strengthening the judiciary, and will, on the contrary, undermine it.\",\"PeriodicalId\":103899,\"journal\":{\"name\":\"30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness, Vol II\",\"volume\":\"62 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-05-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness, Vol II\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.53486/9789975155649.35\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"30 Years of Economic Reforms in the Republic of Moldova: Economic Progress via Innovation and Competitiveness, Vol II","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.53486/9789975155649.35","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Ad-hoc evaluation of judges: panacea or Procust’s bed?
This study is reserved for the analysis of the problem of "special" evaluation of the Moldovan judicial system. The article reflects the purpose, necessity, justification, guarantees, international standards, but also the risks of ad hoc evaluation of judges. Any evaluation procedure of judges must pursue the sole purpose of enhancing the performances of judges. Ad hoc evaluation of judges may be necessary and justified if it is demonstrated that the judicial system is compromised to such an extreme degree and depth that the application of ordinary measures to ensure the evaluation and accountability of judges is not feasible to guarantee judicial independence, impartiality and integrity. In such a case, it is necessary to provide for a number of strict safeguards in order to provide protection to judges who conscientiously fulfill their duties. The application of measures to purify the judiciary without taking into account the international standards of fair trial or the basic principles of the independence of judges will compromise the intended objective, that of strengthening the judiciary, and will, on the contrary, undermine it.