Evoluția conceptelor de „independență” și „imparțialitate” a instanței
The Evolution of the Concepts of "Independence" and "Impartiality" of the Court

Author(s): Alin-Gabriel Oprea
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: Independence; Impartiality; Tribunal; Human Rights;
Summary/Abstract: The Universal Declaration of Human Rights for the first time enshrined and guaranteed as fundamental the principle that everyone has the right to a trial before an independent and impartial tribunal to determine his rights and obligations. Subsequently, the International Covenant on Civil and Political Rights guaranteed that all persons shall be equal before the courts and that, in the course of judicial proceedings of a criminal charge or of civil rights and obligations, any person shall have the right, within a reasonable time, to a fair and public trial before a competent, independent and impartial court established by law. As a result of a long and fascinating legal and jurisprudential evolution, the imperative of resolving disputes by an independent and impartial court is today recognized in regional human rights instruments, in national constitutional and legislative provisions, in common law, as well as in conventions and traditions legal, and the importance of an independent and impartial judiciary is accentuated by the fact that the implementation of all other rights depends on the good administration of justice. The independence of the judiciary is the premise of the rule of law and a fundamental guarantee of a fair trial, while impartiality is essential for the proper performance of the judicial function. Although they seem commonplace in the mentality of contemporary jurists, the analyzed concepts would not have had the configuration we know today if they had not been enshrined and guaranteed by the Universal Declaration of Human Rights.

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