Imparţialitatea magistraţilor: repere doctrinare şi jurisprudenţiale

dr. h. c. IOAN LEŞ*

* e-mail: Iesioan101@gmail.com

Prof. univ. emerit - Universitatea "Lucian Blaga" din Sibiu

ABSTRACT

The impartiality of justice is an essential component of the status of judge and a requirement of utmost importance of the fair trial. The lack of impartiality is likely to affect in its substance also the principle of independence, a principle proclaimed at constitutional level as well, but also at the level of some important international documents. A judge who shows partiality cannot be considered as an independent magistrate.

The European jurisprudence, as well as the national jurisprudence, evokes two components of impartiality: an objective one (objective impartiality) and a subjective one (subjective impartiality). The latter is also the most subtle and difficult to prove, as it is related to the inner powers of the judge. It can still be proven to the extent that it is shown through significant...