This study aims at analysing the right of judges to make requests and comments on their status, including the social policy regarding service pensions. The analysis takes into account the freedom of expression of judges in the relationship with the Government and the Parliament in matters of interest for the justice system and their obligation to show restraint in their behaviour in order to avoid compromising their independence and impartiality. The analysis includes the situation created in Romania, when the judges chose as a form of their protest against the social policy of the Government, which changes the conditions for granting the service pensions of the magistrates, the postponement of the judgment of the cases pending before the courts.

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Does the Freedom of Expression of Judges Allow Them to Postpone the Trial of Cases, as a Form of Protest Against the Social Policy with Impact on Their Right to a Service Pension?

  • Carmen Constantina Nenu,
  • Daniela Iancu

摘要

This study aims at analysing the right of judges to make requests and comments on their status, including the social policy regarding service pensions. The analysis takes into account the freedom of expression of judges in the relationship with the Government and the Parliament in matters of interest for the justice system and their obligation to show restraint in their behaviour in order to avoid compromising their independence and impartiality. The analysis includes the situation created in Romania, when the judges chose as a form of their protest against the social policy of the Government, which changes the conditions for granting the service pensions of the magistrates, the postponement of the judgment of the cases pending before the courts.