Impartiality – the expression of independence in the act of justice

Liliana Catan

Liliana Catan Judge at the Supreme Court of Justice of the Republic of Moldova

Résumé

The impartiality of judges is a fundamental principle of a fair justice system, guaranteeing that judicial decisions are taken objectively, without influence or prejudice. This directly depends on the independence of the judge, which ensures his freedom to act without external pressures, be they political, economic or social.

The relationship between independence and impartiality is one of interdependence: without independence, impartiality becomes impossible, and without impartiality, independence loses its meaning. Protecting judicial independence is essential to guarantee that judges perform their role without constraints, and this is reflected in increasing public confidence in the justice system. Thus, the impartiality of judges is not only a professional obligation, but also an indispensable condition for the achievement of an authentic act of justice.

Références

Charrier J.L., Chiriac A., Code of the European Convention on Human Rights.
Code of professional ethics of the judge.
Law on the status of the judge, no.544-XIII of 20.07.95 // Official Gazette of the Republic of Moldova, 1995, no. 59- 60/664
Pîrlog V, (2007), Efficiency of Justice – indispensable premise of achieving the political criterion of European integration // People's Advocate, no.1-2.
Law on Government Agent, no.353-XV of 28.10.2004 // Official Gazette of the Republic of Moldova, 2004, no.208-211/932.
Ștefănoaia M.A., (2022), Protection of the human being through the European Convention on Human Rights, volume of the international scientific-practical conference "The state, security and human rights in the digital era", organized by the State University of Moldova, University of Warsaw, Chisinau, December 8-9.