Right of access to the position of judge at the Supreme Court of Justice: aspects of constitutionality and legal certainty

The study includes a detailed analysis of the right of access to the position of judge at the Supreme Court of Justice, a highly topical subject at the moment, as we are in the process of completing the staffing of this authority. The study focuses on the analysis and elucidation of the essence and content of the given right, the conditions for exercising it and the specifics of its restriction. Distinct attention is paid to the way in which the restriction of its exercise, regulated by the legislation in force (in particular by Law no. 65/2023 and Law no. 64/2023), corresponds to the constitutional requirements in this field. Additionally, it is assessed how the regulation of its exercise guarantees the legal security of its holders.

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Publication Details

Published
2024-11-01
DOI
https://doi.org/10.59295/crs2024.36
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
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article

Right of access to the position of judge at the Supreme Court of Justice: aspects of constitutionality and legal certainty

Iacub Irina
Legal and Policy Issues
article

Right of access to the position of judge at the Supreme Court of Justice: aspects of constitutionality and legal certainty

Iacub Irina
article en

Abstract

The study includes a detailed analysis of the right of access to the position of judge at the Supreme Court of Justice, a highly topical subject at the moment, as we are in the process of completing the staffing of this authority. The study focuses on the analysis and elucidation of the essence and content of the given right, the conditions for exercising it and the specifics of its restriction. Distinct attention is paid to the way in which the restriction of its exercise, regulated by the legislation in force (in particular by Law no. 65/2023 and Law no. 64/2023), corresponds to the constitutional requirements in this field. Additionally, it is assessed how the regulation of its exercise guarantees the legal security of its holders.

Peace, Justice and strong institutions
Openalex Percentile: Top 55%
Legal and Policy Issues
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