GUARANTEEING THE INDEPENDENCE OF THE JUDICIARY – A NECESSARY CONDITION FOR THE RULE OF LAW
GUARANTEEING THE INDEPENDENCE OF THE JUDICIARY – A NECESSARY CONDITION FOR THE RULE OF LAW

Summary/Abstract: In legal systems, whether we refer to primary or secondary legislation, or whether we consider constitutional case law that has been transformed into positive rules, the independence of the judiciary is elevated to the status of a principle. The Romanian Constitution enshrines the rule of law, and the corollary of this concept is the independence of the judiciary, bearing in mind that judges must strike a balance between the spirit of the law and the purpose intended by the legislator. The supremacy of fundamental law is an indisputable reality in a state governed by the rule of law. Therefore, ensuring this supremacy must be accompanied by guarantees, one of which is constitutional review, which is why the following section will highlight aspects of case law relating to the means of guaranteeing the independence of the judiciary.

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