Unele reflecţii privind incompatibilităţile constituţionale ale magistraţilor

Conf. univ. dr. Ioan Chelaru^*

* Conf. univ. dr. la Facultatea de Ştiinţe Juridice şi Administrative a Universităţii Creştine "Dimitrie Cantemir" din Bucureşti.

Some reflections regarding constitutional incompatibilities of the magistrates

Abstract

This article analyzes the main judges and prosecutors’ incompatibilities, as stated by the Constitution and the special laws that govern these professions. It shows the origins of the Constitutional incompatibilities, based on the democratic powers separation and on the need of the lack of bias in the judicial process.

It focuses on a particular case and argues if the judges and prosecutors’ status as trainers in The National Institute of Magistracy is similar with the one of university professor and if it is or not compatible with the profession.

Keywords: judges and prosecutors’ incompatibilities; constitutional incompatibilities regime; NIM trainers; Law no. 303/2004

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