Impartiality - Fundamental Value of the Ethics of the Profession of Judge Cover Image

Imparțialitatea – valoare fundamentală a eticii profesiei de judecător
Impartiality - Fundamental Value of the Ethics of the Profession of Judge

Author(s): Cristinel Ghigheci
Subject(s): Ethics / Practical Philosophy
Published by: Editura Pro Universitaria
Keywords: Impartiality; Judge; Ethical Values;

Summary/Abstract: Impartiality represents one of the three great ethical values of the profession of judge, along with independence and integrity. The problems raised by the impartiality of the judge are of interest not only to professional ethics, but also to the smooth running of the process, considering that the impartiality of the court is an aspect included in the partie's right to a fair trial, guaranteed by Article 6 of the European Convention on Human Rights. For this reason, the procedural codes regulate several procedures in which the lack of impartiality of the court can be invoked, namely abstention, recusal and even transfer of the case to another court, when is invoked the impartiality of all judges from the court charged with solving the case. The law does not regulate an exhaustive number of cases to establish the lack of impartiality of the judge, but they are crystallized over time, in judicial practice.

  • Issue Year: 3/2023
  • Issue No: 1
  • Page Range: 87-96
  • Page Count: 9
  • Language: Romanian
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