ANALIZA ISTORICO-COMPARATIVĂ A INSTITUŢIEI RĂSPUNDERII CIVILE A JUDECĂTORULUI

Abstract

Aspects regarding the civil responsibility of judges have special importance and actuality for our country. In the context of the multiple convictions of the Republic of Moldova by the European Court of Human Rights, including for violations admitted by national courts to the administration of justice, the state had to pay considerable sums as compensation to individuals and legal entities whose rights have been violated. In order to solve the problem, by Law no. 205 of 26.11.2020, the legislator operated the amendment of several normative acts referring to the institution of civil liability of judges. Given the importance of the institution, especially in the context in which according to international standards the rules implemented by the legislator must not be able to influence the independence of the judge, this article aims to conduct a comprehensive investigation of the institution of civil liability, examining the provisions of national legislation related to the grounds and procedure of bringing the judge to civil liability, as well as evaluating the compliance of legal norms with international standards, using historical and comparative methods of scientific research.