CÂTEVA REFLECȚII ASUPRA REFORMELOR JUDICIARE DIN FRANȚA, ITALIA ȘI SPANIA

European democratic societies have shown, in recent years, an increased interest in reforming
justice, the aim being to make more efficient the process of administration thereof. Likewise the
efficiency of justice is a complex and continuous process which involves, among other things,
guaranteeing the quality of the judicial decision and resolving the cases within a reasonable time.
Within the present approach the author made a radiography of the most important reforms
initiated and partially carried out in France, Italy and Spain. The investigation carried out has led to
the conclusion of the existence of some common regulatory trends, but also to the existence of some
different solutions.
Common trends have been identified in terms of judicial organization, distinguishing itself a
process of concentration of jurisdictions and of specialization thereof. The most significant example
from this point of view is that of France, a country where a recent reform has led to the merger of the
courts with the high courts. The courts resulting from this concentration are called judicial courts.
In Spain, the justice reforms were initiated in 2001 following the conclusion of a „State
Agreement” between the Government, the People’s Party and the Socialist Party. In Italy in recent
years it was undertaken a reform which led to the increase in the competence of justices of the
peace. In all the mentioned states there was also a marked tendency towards making more efficient
the alternative ways of resolving the conflicts.
Different procedural and judicial options were found regarding the composition of the superior
councils of the magistracy, the organization of judicial inspections and the organization of the Public Ministry. Such options take into account the particularities of each judicial system, which excludes a
total uniformity and are part of the democratic processes aimed at consolidating the state of law.