Unitățile de măsură ale hotărârii judecătorești
Measuring the Unmeasurable
Author(s): Cornelia Ioana Ailioaie, Bianca Aureliana Moga, Alexandra Marinela PopescuSubject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology of Law
Published by: Universul Juridic
Keywords: reasoning; workload; cognitive bias; survey; public trust;
Summary/Abstract: The concern of magistrates to act in an independent and impartial manner, in order to render a legal judgment in accordance with the case facts is hindered by certain internal and external factors that can influence their professional activity. This article aims to present some of these factors, based on the results of a survey conducted among judges in our country. The survey sought to outline, using a rating system from 1 (never) to 5 (always), the impact that factors such as bias, quality of law, public opinion and media, as well as workload have on the current work of judges. Moreover, this paper aims to present the reasoning standards as reflected in the case law of the European Court of Human Rights and the Court of Justice of the European Union. The purpose of this research is to identify practical solutions to facilitate the management of these factors in order to reinforce public confidence in the judiciary and the rule of law.
Journal: Revista Themis
- Issue Year: 2022
- Issue No: 01-02
- Page Range: 243-269
- Page Count: 27
- Language: Romanian
