CERINȚE DE CLARITATE ȘI PREVIZIBILITATE A LEGISLAȚIEI NAȚIONALE ÎN DOMENIUL RĂSPUNDERII JURIDICE A JUDECĂTORILOR SUB PRISMA JURISPRUDENȚEI CURȚII EUROPENE A DREPTURILOR OMULUI

Abstract

The 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.