The Jurisprudence of the European Court of Human Rights Regarding Interference in Justice Administration Cover Image

Jurisprudenta Curtii Europene a Drepturilor Omului în Materie de Imixtiune în Înfaptuirea Justitiei
The Jurisprudence of the European Court of Human Rights Regarding Interference in Justice Administration

Author(s): Victor Moraru
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: court; legal interest; justice; interference; jugde; case

Summary/Abstract: The prohibition of any interference in the court’s work, but also the continuous promotion of legal interests is an important public value in any democratic society. However, in many cases these values are in conflict with other interests - both private and public. Regarding this problem in this study, we sought to answer the question: Is it possible to admit any interference in the work of justice administration, and if so, what are the acceptable limits for this interference? Due to the fact that in the national jurisdiction we cannot find a plausible answer to this question, our scientific approach aimed to study the European practice in matter of determining the acceptable limits of interference in the work of the judge. Therefore, our investigation is focused on the most relevant cases tangent with the question of allowable limits of interference in the work of the judge, namely: The Sunday Times v. United Kingdom and De Haes & Gijsels v. Belgium.

  • Issue Year: I/2012
  • Issue No: 1
  • Page Range: 13-24
  • Page Count: 12
  • Language: Romanian