Incompatibilitatea judecătorului și instituția recuzării în dreptul canonic și dreptul civil
Incompatibility of the judge and the institution of recusation in the canon law and the civil law

Summary/Abstract: Justice in the rule of law is seen from two perspectives: as a system of court bodies and as an activity conducted by competent bodies. By its norms, the civil adjective law sets in detail every phase and stage undergone in the civil lawsuit. Seen in relation to the civil action, the canon action or the church action represents the ensemble of procedural means stipulated by “The Regulations of the disciplinary canon authorities and the court bodies of the Romanian Orthodox Church” regarding the protection of the subjective right of the members of the Church, clergy and laypeople, the compliance with the discipline rules, the internal canon order and the moral-clerical values, according to the directions of the Holy Canons and the canon tradition, the State, for the organization and functioning of the Romanian Orthodox Church, the application of its regulations, the decisions of the Holy Synod, the orders and the resolutions of the church authorities. The judicial power carries out their activity in line with some democratic principles intended to contribute to achieving an impartial and equitable justice. Since the very beginning of Christianity the church judgment has been attributed to the church canon authority, which is not a purely human authority, as is the case of the civil authority, but an authority of divine nature. The church and the human judgment is achieved and finds its meaning in the Universal judgment, which is the confrontation of history and man with God’s justice at the end of time, when the whole world will be brought under the supreme authority of God and the divine decision, that is full of love and justice, will apply erga omnes.

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