Independence of justice in Romania Cover Image

Independența justiției în România
Independence of justice in Romania

Author(s): Monna-Lisa Belu Magdo
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Public Law
Published by: Institutul Român pentru Drepturile Omului
Keywords: independence of justice; rule of law; jurisprudence;

Summary/Abstract: An analysis of the independence of judges, dealt with by the doctrine and the jurisprudence of the European Court of Human Rights in Strasbourg, in terms of functional independence and personal independence, starts, in the context, with an examination of the international level, followed by the national one, such as the independence of justice is defined by the constitutional provisions. Viewed as a prerequisite to the rule of law and a guarantee for a fair trial, the independence of justice turns out to be indispensable for the impartiality of the judicial function, so much needed not only by the decision itself, but also by all the procedural phases covered to reach the decision. The judge's adequate behaviour in and outside the court can only strengthen the citizens' confidence in the integrity of justice.

  • Issue Year: 2008
  • Issue No: 3
  • Page Range: 24-28
  • Page Count: 5
  • Language: Romanian