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Article by Carolina Cepcean

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Moldavian Journal of International Law and International Relations

Independence of the Judiciary in Light of the Findings of the European Court of Human Rights in the Case of Alexander Volkov v. Ukraine

Author: Carolina Cepcean

JEL Classification: K40

Universal Decimal Classification: 347.962

DOI: https://doi.org/10.61753/1857-1999/2345-1963/2023.18-1.04

Carolina Cepcean – Ph.D. student at the Faculty of Law, Moldova State University. Highest Council of Magistracy, Chief Specialist at the Legislation, Protocol, and Public Relations Service. ORCID (Chisinau, Republic of Moldova)

https://orcid.org/0000-0002-3200-5266

Email: mangir.carolina@gmail.com

Keywords: independence of the judiciary, international standards, guarantees of judicial independence, Highest Council of Magistracy, ECHR.

Abstract

The independence of the judiciary is a fundamental principle underlying any fair and functioning legal system. It serves as the cornerstone of democracy and the rule of law, ensuring impartial administration of justice, free from undue influence or bias. Essentially, judicial independence means the separation of the judiciary from external pressure, whether political, economic, or social. In a society with an independent justice system, judges are free from interference, allowing them to make decisions based solely on the law and the merits of each case. This autonomy not only protects the rights and freedoms of individuals but also fosters public trust in the judicial process. Over time, the struggle for the independence of the judiciary has become a constant effort shaped by legal reforms, constitutional provisions, and international agreements. However, challenges persist, and the pursuit of a fully independent judicial system remains a crucial goal for societies worldwide. The controversial case of Alexander Volkov v. Ukraine highlighted the central problem of the entire human rights protection system – the independence of the judiciary, subsequently leading to significant changes and reforming the justice system in the country, serving as an example for others.