2. Articole

Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109

Browse

Filters

2021 - 20232

Settings

Author: search.filters.author.Balaban, SergiuSubject: search.filters.subject.independence

Search Results

Now showing 1 - 2 of 2
  • Thumbnail Image
    Item
    ASIGURAREA INDEPENDENȚEI JUDECĂTORULUI PRIN PRISMA PRINCIPIULUI PROPORȚIONALITĂȚII ÎN MATERIA TRAGERII LA RĂSPUNDERE DISCIPLINARĂ A JUDECĂTORULUI
    (CEP USM, 2021-12-08) Balaban, Sergiu
    The judiciary is one of the three powers in any democratic state. Its role is to ensure the very existence of the rule of law and to ensure the proper application of the law in an impartial, fair and efficient manner. In the current public space there are many dis- cussions related to the extent of judges’ independence and their responsibility. For some, independence can only be effectively ensured if the judge is exempt from liability, and for others the purpose of the judge’s independence is to ensure that a correct decision is made, free from political or economic pressure. In the view of others, the judge cannot make an exception to the fundamental principle that no one can be exonerated from liability, beca- use no one is above the law. But at the same time, the responsibility of the judge must be met in accordance with the criteria of the principle of proportionality in order to ensure the proper functioning of the entire judicial system.
  • Thumbnail Image
    Item
    ASPECTE CONCEPTUALE PRIVIND SCOPUL SANCȚIUNII ÎN ACTIVITATEA JUDECĂTORILOR
    (CEP USM, 2023) Arseni, Alexandru; Balaban, Sergiu
    With regard to the independence of the judiciary, the conclusion must be drawn that it represents a supreme value of any rule of law, being the one that ensures the maintenance of social balance and the supremacy of the law. Protecting the judicial system from pressure, influence or interference is the essential premise of an independent judiciary, based on the law and the social values protected by it. However, independence cannot be seen as a privilege of the judge, it is also a duty of every judge. Thus, the principle of independence of the judge can only be understood in relation to the principle of responsibility and liability of the judge, in the exercise of the function. In this communication, we will focus on the dimension related to the spirit of the position of judge, which must be worn by the person exercising this position, and the application of judges’ sanctions must represent an exception and not a corrective measure, as a goal. In this way, we will elucidate the contest between the notions: “integrity and responsibility in relation to the characteristics of the position of judge.