НЕЗАВИСНОСТ СУДСТВА
THE INDEPENDENE OF THE JUDICIARY

Summary/Abstract: The author argues that even the best catalogue of human rights cannot guarantee justice if the remedies for human rights violations are limited. In that respect, the author emphasizes that all international instruments providing for the basic elements of the rule of law give a clear priority to the principle of independent, impartial and competent courts provided by law. The essential elements of the independence of judiciary include: the fact-finding procedure, the institutional organization of the court, the procedure for the election of judges, the protection and guarantee of judges’ independence, their competences and their capacities. This essay covers all those elements, and highlights that courts must guarantee political independence and impartiality; they must be prescribed by law and accessible to every individual; procedures must be credible, and the courts must have the power to implement judgments.

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