Rolul şi importanţa opiniilor separate în dreptul intern şi internaţional

drd. RADU CIOBANU

Judecător - Judecătoria Luduş

ABSTRACT

Are separate opinions necessary? Writing them involves both time and resources, and the result does not influence the causes in which they were formulated. In this context, the logical question is why some national and international judges choose to formulate such opinions. We appreciate that the main reason is the potential of these opinions to contribute to the development of the future judicial practice.

The aim of this study is to emphasize the importance and benefits of regulating the separate opinions in national legislation and to encourage their use. In this study we aim to analyze the purpose of the separate opinions along with the arguments for and against their regulation in national legislations. We will also analyze the difference between separate and concurring opinions, but also the different result that these opinions may have. We will also...