Facultatea de Drept / Faculty of Law

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Author: search.filters.author.Balaban, SergiuSubject: search.filters.subject.disciplinary liability

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    REFLECȚII PRIVIND PRINCIPIUL PROPORȚIONALITĂȚII ȘI APLICAREA ÎN PROCEDURILE DISCIPLINARE CU PRIVIRE LA JUDECĂTORI
    (CEP USM, 2023) Balaban, Sergiu
    Currently, the principle of proportionality has attracted the attention of law school researchers, being the subject of legal debates repeatedly. The main field in which this principle has been analyzed is the field of constitutional law. However, analyzing the judicial doctrine and practice, we notice that proportionality has started to play a significant role in the procedures regarding the liability and sanctioning of judges. In this communication, we will elucidate the aspect related to the determination and observance of the principle of proportionality in the procedures regarding the liability of judges. We will refer to the application of the principle of proportionality in the case of disciplinary sanctioning of judges.
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    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.