CEU Electronic Theses and Dissertations, 2008
| Author | Cano, Drini |
|---|---|
| Title | Achieving independence and accountability. A comparative analysis of the post communist judicial systems in Albania and Bulgaria |
| Summary | The judiciary plays a unique role in a democratic society, where rule of law reigns. Its independence is a prerequisite of a system designed to protect the fundamental human rights and freedoms and a guarantee of a fair trail. In order to have a truly independent Judicial branch it is necessary to put in place sufficient guarantees that will insulate the judiciary form political pressure and will dress the judges with the necessary independence that will enable them to issue decisions without fear of improper influence and only on the basis of facts, law and their inner conviction. Through a comparative analyze of the judicial systems of Albania an Bulgaria these thesis will assess the state of judicial independence and judicial accountability in the two countries and try to identify problems and propose solutions by not only referring to principles but also assessing the current rules by taking the practical results into consideration and their contribution to the goals of a just society. While this thesis will focus on judicial independence, it is important also to realize that in a system of “checks and balances” complete and total independence of the judiciary is not the goal and a substantial distinction should be drawn between judicial independence in the classical sense of freedom from pressure or influence in deciding cases and complete independence from overall accountability and oversight. Judicial independence and judicial accountability must balance each other. |
| Supervisor | Renata Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/cano_drini.pdf |
Visit the CEU Library.
© 2007-2021, Central European University