Facultatea de Drept / Faculty of Law
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Item PRINCIPIILE RĂSPUNDERII DISCIPLINARE A JUDECĂTORULUI PRIN PRISMA JURISPRUDENȚEI CURȚII EUROPENE PENTRU DREPTURILE OMULUI(CEP USM, 2023) Mihailenco, OlgaPossibility of incurring legal liability, be it disciplinary, criminal or civil, of the judge is not contrary to international standards, especially in case of violation of the mandatory norms, even more it is necessary in a democratic society. At the same time, according to international standards, disciplinary procedures regarding judges must be accompanied by certain guarantees to prevent interference in the independence of the judicial system. In this article, we propose to analyze in the light of the jurisprudence of the European Court of Human Rights the basic principles of disciplinary liability of judges.Item CERINȚE DE CLARITATE ȘI PREVIZIBILITATE A LEGISLAȚIEI NAȚIONALE ÎN DOMENIUL RĂSPUNDERII JURIDICE A JUDECĂTORILOR SUB PRISMA JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI(Tipografia Artpoligraf, 2021) Mihailenco, OlgaThe purpose of this study is to examine the aspects of the quality requirements of normative acts in the field of legal liability of judges and compliance of national legislation with the principles of clarity and predictability of the law in the light of ECHR case law. In this context, were examined the provisions of the European doctrine and the approaches set out in the jurisprudence of the European Court of Human Rights regarding the requirements of the law, the definition of the concepts of accessibility, clarity, predictability and preeminence of law, as well the guarantees to be established by the legislator in case which the legal norm brings the violation of fundamental human rights.