SOME COMPARATIVE REFLECTIONS ABOUT JUDICIAL LIABILITY

The emergence of an independent judiciary and the associated and consistent implementation of the separation of powers principle are fundamental achievements of modern times and important characteristics of the transition to the rule of law. Against this background, any attempt aimed at reforming the independence, control structure or liability of the judiciary must be viewed critically, since reform efforts in this area often imply profound modifications to the deep layers of a legal and political system. The question must be settled in the light of the new phenomena of Europeanization, globalization, and internationalization. These developments inevitably subject the judiciary to new challenges that will ultimately lead to a change in mentality, regarding the liability and control structures of the judiciary.