Particular forms of evaluation and assessment of judges: between exigency of a consolidated justice and violation of justice independence
Journal Title: Revista Institutului Național al Justiției - Year 2019, Vol 49, Issue 2
Abstract
The issue analyzed in the present paper refers to the fact if judges must be verified and/or assessed in their activity. In case of affirmative answer, we have to establish exigencies demanded for these verifications and/or assessments, to ensure the balance between the protection of public interest and judges’ private life. We emphasize the necessity to respect both the principle of separation and collaboration of powers and the independence of judges as individuals and of the Judiciary as a hole. We propose to develop within the Judicial Authority efficient mechanisms of intervention in the field of verification of office-holders (referring to judges and candidates for the position of judge) and in the field of assessment the professional integrity of judges. Simultaneously, we argue the indispensability of collaboration, in particular conditions, between the representatives of the Judiciary (The Superior Council of Magistracy, The Judicial Inspection) and the representatives of the executive power (The National Anticorruption Center, The Security and Intelligence Service, The National Integrity Authority), in order to exercise complex and qualitative verifications and/or assessments, avoiding threats to independence and the impartiality of magistrates.
Authors and Affiliations
Natalia Creciun
Keywords
Related Articles
- EP ID EP633952
- DOI -
- Views 108
- Downloads 0
Trend of regulation of a new categories of international crimes in international public law
The present article shall attempt to illustrate crimes that in the current context have acquired international valences, namely human trafficking, the destruction of international value and piracy. We shall address the i...
Practice examination of disputes on the liability contravention road transport persons
For violating the rules of road passenger transport, the person may be drawn, if necessary, contravention or liable to tax liability. The article contains a proposal to consider the nature of relations arising from the o...
The particularities of rising exception of tardiness in the civil process from Republic of Moldova
Judicial form is the most effective way to protect rights and interests in a democratic society. The holder of a subjective civil right must be able to request the help of the coercive force of the state in order to rest...
Limitations of the right to free movement in the enforcement procedure (III)
In this study, it is noted that the disposition of forced bringing the debtor also may cause restrictions to the freedom of movement in enforcement proceedings. It is revealed that the concepts of „forced bringing” and „...
THE HISTORICAL EVOLUTION OF THE SUPERFICIES ON THE ROMANIAN AREA AND ITS REGULATION IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA
Any institution of law, in order to be perceived as such, and to understand its role in the development of social and legal relationships, needs to be viewed and studied in terms of its origin and historical evolution.Th...