Open AccessSHORT CONSIDERATIONS REGARDING THE MAGISTRATES’LIABILITY IN THE CONTEXT OF THE NEW LEGAL PROVISIONS ON THE REFORM IN JUSTICE
Author(s) -
Constantin Manoliu
Publication year - 2018
Publication title -
agora international journal of juridical sciences
Language(s) - English
Resource type - Journals
eISSN - 2067-7677
pISSN - 1843-570X
DOI - 10.15837/aijjs.v12i2.3465
Subject(s) - impartiality , law , legal liability , independence (probability theory) , liability , economic justice , context (archaeology) , balance (ability) , enforcement , political science , action (physics) , state (computer science) , psychology , paleontology , statistics , physics , mathematics , algorithm , quantum mechanics , neuroscience , computer science , biology
The present study analyzes the magistrates' responsibility, in the light of the old and the new legal regulations, the exercise of the right to recourse action of the state against magistrates in case of judicial errors, and the conditions that must be be met in order to promote this action.The author identifies possible vulnerabilities of the new regulations on the magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the exercise of their job duties.The study is focused on the new amendments of the Law no. 303/2004 on the status of magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates, includes issues related to the guarantees regarding the enforcement of the principles of independence and impartiality of magistrates, guarantees aimed at maintaining a balance between the magistrates' responsibility and their independence.