Current Status and Trends in the Constitutional and Legal Regulation of Judicial Indemnity in European Countries
Year: 2024
Type: article
Abstract: The subject of the study is a scientific analysis of the current state and trends of constitutional and legal regulation of judicial indemnity in European countries. The methodology of the research consists of a combination of general and special scientific methods chosen with regard to the purpose and subject of the study: dialectical, analytical and synthetic, systemic and structural, legal and dogmatic, legal interpretation and comparative legal methods. The purpose of the study is to reveal the peculiarities of the constitutional and legal regulation of judicial compensation on the example of modern European countries. The results of the study prove that there are both common and specific features in the constitutional and legal regulation of judicial indemnity in modern European countries. Conclusions. Judicial indemnity is an important element of constitutional and legal regulation of the status of judges in European countries. It is not absolute and is characterized by a number of legal limitations. For the most part, in the context of constitutional and legal regulation in European countries, it is not the institution of judicial indemnity, but rather the right to express one's own opinion and the absence of responsibility for such expression, more or less limited by legal norms. Depending on the way in which the provisions on judicial immunity are anchored in the system of constitutional and legal regulation of different European countries, the following main models can be conditionally distinguished: 1) Constitutional-centric: a model in which national constitutions contain some initial, defining, albeit relatively few specific legal provisions on judicial immunity, which are developed in special laws and acts on judicial ethics and court decisions; 2) legislative: a model in which, in the absence of direct constitutional regulation, the main emphasis is placed on special laws on the judiciary and/or on the status of judges, the provisions of which are detailed in acts of judicial ethics; 3) judicial or judicial-centered: a model in which the provisions of legal acts do not contain direct legal regulation of judicial indemnity, and its principles are established in acts of the judiciary.
Author: Serhii Demchenko
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4403488024