Independenta judecatorului si principiul legalitatii
Independence of the judge and the principle of legality

Summary/Abstract: First of all, the author emphasizes the importance of the independence of the judge in a rule of law, also evoking the Law of the XII Tables for independence, established by the doctrine, and subsequently relates the principle of independence to the principle of legality. In this context, the author emphasizes that the judge can no longer be regarded as an automatic machine enforcing the law, but is called to interpret the law he/she enforces, sometimes being a “lawmaker” for the case. The author also examines the evolution of the meaning of legality, emphasizing certain situations in which the judge’s right of assessment is broader.

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