Independenţa şi imparţialitatea magistratului sau tipuri de neutralitate a puterii juduciare (II)
The Independence and Fairness of Magistrates, or Types of Neutrality of the Judicial Power (II)

Summary/Abstract: The second aspect of magistrate neutrality is fairness. The European understanding of fairness involves both a subjective dimension, which prohibits magistrates’ prejudice, and a functional dimension, which prohibits magistrates to rule on issues that were previously ruled upon on a different occasion. As such, ensuring magistrate neutrality at the functional level means little beyond a prohibition of the accretion of a magistrates’ decisions for one single case, whether that sole case is the subject of one procedure or more. The final part of the study dwells on the analysis of Romanian jurisprudence in the field, which remains quantitatively limited but adds qualitative information. The final conclusion of the article offers, as a remedy to the prevalent lack of neutrality, an increase in the transparency of the act of justice.

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