Judicial Error and the Liability of the Magistrates
Judicial Error and the Liability of the Magistrates

Summary/Abstract: Although the justice action proceedings aim at bringing forth thetruth and correct any possible errors that affect a person’s rights andinterests, a miscarriage of justice is still possible to happen. In order toensure a remedy for such cases, the Romanian legal system includesprocedures that guarantee the repairing of the damage caused. Given that ina democratic society, based on the principle of separation of powers, thejudicial system and the magistrates play an essential role, any form ofregulation that refers to the liability of the magistrates must take intoconsideration the Constitutional guideline of independence and impartialityof judges. Romanian magistrates can be held responsible for their activityunder civil, disciplinary or criminal liability provisions.

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