Judicial Immunity – A Guarantee of Independence and an Element of Accountability

Abstract The aim of the article is to develop a common understanding of the content of judicial immunity and thus to generate a theory on the application of this legal institution in ensuring and balancing judicial independence and accountability. Neither the separation of powers nor the judicial independence precludes the assessment of a judge’s responsibility for violation of the law, however, it is in the interests of both the state and society to ensure the independent exercise of the judicial function. Therefore, there is a need to strike a balance between the independent exercise of the judicial function and the holding of judges accountable. This balance is ensured by judicial immunity. The research was carried out by using the methods of scientific research customary in legal science: literature studies, analytical, comparative, inductive and deductive research methods. The study reveals the aim of judicial immunity, describes its content focusing on two elements of the judicial immunity: non-liability and inviolability and reveals the specific requirements of judicial immunity. The study confirms that well-regulated and responsibly applied judicial immunity ensures that independence and accountability can be balanced.