THE TRIUMPH OF MAGISTRATES’ LIABILITY. A HOLISTIC APPROACH

Abstract

In the context of Romania's integration into the European Union, the implementation of an independent material liability law of magistrates proves to be necessary for a state that is constantly undertaking steps to reach the standards imposed by the Union. Abusive judgments based on legal grounds that violate the European Convention of Human Rights classify Romania among the most complained states in ECHR. The present paper was realized by quantitative methods, as well as demonstrative methods. Consequently, the streamlining of the Romanian legal system requires the promulgation of a law on the liability of magistrates regarding ways of control and sanctioning, without interfering with the independence of justice in the state of law.

Keywords

• magistrates' liability
• control
• sanction
• independence of justice
• state of law