Simion Mihaela, Patrimonial Liability of Romanian Magistrates

Within a democratic country, nobody can be exonerated from liability for deeds committed during the performance of a public office. Magistrates are no exception to this fundamental principle of the rule of law according to art. 16 of the Romanian Constitution, „No one is above the law”. Therefore, magistrates are also held liable when they break the law in the performance of their duties. Nevertheless, the legal liability of magistrates may only be applied in compliance with the conditions and forms provided by the Constitution and those special laws involving the overall principles regarding law enforcement and the exercise magistracy: the independence and the impartiality of magistrates, non-removability of judges, and the appointment of prosecutors. In other words, any regulation concerning the liability of magistrates must observe the principle of proportionality, aiming at keeping a right balance between liability and independence.

The magistrate that settles a case must be...