The Battle Against Court Congestion: Can New Hires Save the Justice System?
The Romanian judicial system is currently facing a systemic crisis, characterized by a staggering gap between the volume of cases and the number of professionals available to handle them. With the Ministry of Justice, led by Minister Radu Marinescu, announcing “urgent measures” to reopen competitions for vacant positions, the legal community is divided on whether Here’s a sustainable cure or a temporary bandage.
The core of the issue lies in a critical deficit of personnel. According to data from the Superior Council of Magistracy (CSM), there are 849 vacant judge positions nationwide—a deficit exceeding 15%. This staffing shortage is compounded by a lack of auxiliary support, with a necessitate for 4,874 clerks and 712 judge assistants to maintain a basic operational ratio.
The scale of the workload in Romania is vastly higher than the European average. In 2024, 1.6 million new civil and commercial cases entered the system, compared to a European average of only 418,544.
The Quality vs. Quantity Dilemma in Judicial Recruitment
While reopening competitions is a welcomed move, legal experts warn of a dangerous trade-off. Lawyer Andrei Săvescu points out that while the government is trying to relieve overburdened judges, there is a risk of creating “hurried justice.”
The challenge for the Ministry of Justice is to fill these vacancies without lowering the standards of a profession that must remain elite. If the barrier to entry is lowered too far to meet quotas, the quality of rulings could suffer, potentially undermining the rule of law.
The Role of Auxiliary Staff
A recurring theme among practitioners is that adding judges alone won’t solve the problem. The “bottleneck” is often not the judge’s decision-making process, but the administrative burden. Without the promised 600 clerk positions and the implementation of judge assistants, new magistrates may find themselves bogged down by paperwork rather than focusing on the law.
Beyond the Courtroom: The Investigation Bottleneck
A critical trend emerging from the current crisis is the realization that judicial efficiency is not just about what happens in the courtroom. Lawyer Cristian Sîrbu argues that the government must look closer at the criminal investigation phase.
Many cases languish for years before they even reach a judge because of issues within the police force. Sîrbu notes that incompetence or lack of interest among some police officers leads to files being “kept in the cupboard,” meaning the “oxygen” provided by new judges will only be effective if the investigation phase is equally streamlined.
In criminal matters, “simplified procedures” are significantly faster if the defendant admits to the act, as these often bypass lengthy expert evaluations.
The “Efficiency” Debate: Official Stats vs. Reality
There is a growing tension between official statistics and the lived experience of legal practitioners. For instance, CSM judge Alin Ene recently claimed that the average resolution time for cases was between 3.6 and 5.5 months. However, these figures have been sharply contested by lawyers like Ilie Dorin, who describes the system as having functioned “on failure” for over five years.
This discrepancy suggests a future trend toward demanding more transparent, real-world metrics of judicial efficiency. When lawyers describe official data as “fictions,” it highlights a trust gap that new hires alone cannot bridge.
Timeline for Recovery
Expectations for immediate improvement are low. Ilie Dorin suggests that even under optimistic scenarios, the effects of new hiring rounds will only be felt in 1 to 2 years. The process of training and integrating new magistrates into a caseload is slow, meaning the system remains in a precarious state for the foreseeable future.
For more on recent judicial leadership changes, notice the proposed new heads for the General Prosecutor’s Office, DNA, and DIICOT.
Frequently Asked Questions
How many judge positions are currently vacant in Romania?
There are 849 vacant judge positions, representing a deficit of over 15% of the total staff.
Why is the Romanian justice system slower than the EU average?
The system suffers from a massive volume of cases (1.6 million new civil/commercial cases in 2024) coupled with a severe shortage of judges, clerks, and assistants.
Will hiring more judges immediately shorten trial lengths?
Not necessarily. Experts suggest it will capture 1-2 years to see real effects, and improvements also depend on the efficiency of the police and prosecutors during the investigation phase.
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