Open AccessLegal status of judges in the Republic of Kosovo. Theoretical and legal analysis
Author(s) -
Krystian Nowak
Publication year - 2021
Publication title -
acta iuridica resoviensia
Language(s) - English
Resource type - Journals
ISSN - 2720-0574
DOI - 10.15584/actaires.2021.4.10
Subject(s) - law , political science , independence (probability theory) , economic justice , judicial independence , state (computer science) , constitution , democracy , statement (logic) , scope (computer science) , administration of justice , separation of powers , order (exchange) , power (physics) , legal status , law and economics , sociology , politics , business , mathematics , statistics , physics , finance , algorithm , quantum mechanics , computer science , programming language
The status of a judge is a very important issue from the point of view of the standards of a democratic state and because of the role that judges play in the administration of justice. This article attempts to analyze the legal status of judges in the Republic of Kosovo by subjecting constitutional guarantees of judicial independence to theoretical and legal analysis. Indeed, the independent status of a judge is the minimum standard of legal protection that the state should provide to citizens. This study made it possible to formulate a statement that the mechanism of checks and balances of powers formed in the Constitution of Kosovo, which by its nature implies the possibility of some interference in the scope of judicial power, but it cannot touch the independence of judges in the exercise of their office. Some solutions in the Kosovo legal order that are unsatisfactory from the point of view of European standards were also pointed out.