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

Summary/Abstract: The study looks at the concepts of independence and fairness as two faces of the same notion of magistrate neutrality. It discusses the most important criticisms leveled against the “théorie de l’apparence” (saying it is not necessary for the person invoking the absence of neutrality to prove actual bias against the parties, but merely that an outside observer would reasonably infer bias) and the development of the relevant jurisprudence of the European Court. Several counter-arguments against the criticisms of the “théorie de l’apparence” are explored. The issue of independence is analyzed according to the criteria of (1) the absence of any involvement from other state agencies or the parties, and (2) the existence of real guarantees against any possible external pressures, as well as in the light of the relevant jurisprudence of the ECHR.

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