The holding accountable of judges for consciously passing illegal judgments does not run counter to the Constitution, the Constitutional Court ruled after examining a relevant requisition of the Supreme Court of Justice submitted in December 2016, IPN reports.
The Supreme Court of Justice said the Penal Code provisions concerning jail punishment for conscious pronouncing of illegal decisions, sentences or judgments by judges go against the Constitution and affect the principle of separation of powers in the state and the principle of independence of judges.
The Constitutional Court held that under Article 116 of the Constitution, the judges of courts of law are independent, impartial and irremovable. According to the national legislation and international standards, immunity is granted to judges for ensuring the fulfillment of duties. Judiciary independence is not a prerogative or a privilege provided in the own interests of the judge. The independence of judges should be considered a guarantee of freedom, observance of human rights and impartial implementation of the law, but does not spare these of responsibility.
The Constitutional Court also said that the lawmakers set a distinct and rigorous procedure for holding judges accountable, the decisive role in this process being played by the Superior Council of Magistracy as the guarantor of the independence of justice.
