PRAVNI ZAPISI • Year VII • No. 1 • pp. 55-67

AN ESSEY ON THE CHARACTERISTICS OF JUDGES, THE FREEDOM OF AN INDEPENDENT JUDICIARY AND THE MEANING OF FAIR TRIAL

Language: Serbian

Prof. dr Zoran Ivošević
Redovni profesor u penziji, Pravni fakultet Univerziteta Union u Beogradu
e-mail: zoraniv@sbb.rs

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Pravni zapisi, No. 1/2016, pp. 55-67

Original Scientific Article

DOI: 10.5937/pravzap0-11032

KEY WORDS
characteristics of judges and judicial ethics, institutional judicial independence, personal judicial independence, equitable law and fair trial, normative environment and the rule of law

ABSTRACT
The article deals with characteristics of judges, the freedom of an independent judiciary, the meaning of a fair trial and the normative environment for an effective rule of law. Personal characteristics of a judge concern the formal conditions for election, professionalism, qualification and dignity. The freedom of an independent judiciary has two dimensions: institutional and personal. Independence of the judiciary as an institution is reflected in its independence towards executive and legislative power, but also towards all persons and legal entities. The independence of judges as persons is reflected in their freedom to reach impartial decisions, based on their own evaluation of facts and their own understanding of the law, without limitations, influence, incentives, pressure, threats or interventions from anyone of for whichever reason. The meaning of a fair trial is reflected in the equal treatment of the same issues and unequal treatment of different issues, proportionate to their inequality and in treatment of the other as one treats his/ herself, which is possible when there is no regulation or when there regulation exists but with unbearable faults. The normative environment should enable the efficient application of the constitutionally guaranteed rule of law.