Independența justiției, între valoare constituțională și marja de apreciere a legiuitorului

Rezumat

The independence of the judiciary represents a principle with constitutional value, which has experienced several developments and accumulations in recent years. An important but unexplored perspective is the extent of control and censorship of the constitutional court over legislative options in the issue of judicial independence. The limits of appreciations allow the legislator to vary the regulation in relation to the constitutional standard, but the dosage of the regulations must be checked in relation to the principle of proportionality with the observed interference. Thus, the limits of appreciations of the legislator must remain under constitutional control, in the national landscape these concepts oscillate between intensity and lightness.