Concepts and Ethical Values Specific to Magistrates

Abstract

The study aims to address and analyze concepts - values of the magistrate profession, fundamental for the good organization and functioning of the judicial system (independence, integrity, impartiality).

According to the general definition of the notion, independence is "the situation of a person who judges things and acts independently, uninfluenced by others".

Relating the notion of independence to the specifics of the judicial system, in the legal literature it is argued that the independence of magistrates is not only a guarantee of the state for the administration of justice, but, equally, a right and an obligation of the magistrates.

Independence is seen as "attribute of the position that allows the judge to act in the realization of the legal act and, above all, to decide, only on the basis of the law and his own conscience, without any subordination or influence"

On the other hand, according to the dictionary text, the term impartiality represents "the quality of being fair, objective, unbiased".

Regarding the concept of impartiality towards the judiciary, legal literature argues that impartiality refers to the mood or attitude of the court regarding the issues and parties in a particular case.

The term impartiality refers to the absence of real or perceived bias.

Independence and impartiality interfere, and although they are distinct values, impartiality and independence as characteristics of justice are closely related and mutually reinforcing.

Therefore, the intended analysis of the values of the judicial profession is intended to lead to a better understanding of them, as well as the role they have in the existence and consolidation of the judicial system.