Juridical Tribune Volume 7, Special Issue, October 2017 7
guarantees of the right to an impartial court within the context of a judge
disqualification in a court-administrative proceeding. When administrative courts as
those deciding about the relationships between the state and an individual, then the
requirement for their impartiality is of even more particular significance. Therefore,
the research focused on the Romanian, Polish and German institutions of judge
disqualification in their respective court-administrative procedures. Our choice of
said systems was based on their development history, having very complex historical
backgrounds stemming from the state-building processes and European standards to
the right to court.
2. Romanian judge disqualification in disputes of administrative
2.1 Introductory considerations
In Romania, administrative litigations are judged by the administrative
contentious sections, organized at the tribunals, the courts of appeal and the High
Court of Cassation and Justice. Disputes are judged under Law no. 554/2004 of
administrative contentious4. The provisions of Law no. 554/2004 shall be
complemented with the provisions of the Civil Code and those of the Civil Procedure
Code to the extent that they are not incompatible with the specific nature of the
authority relationships between public authorities, on the one hand, and the persons
aggrieved in their legitimate rights or interest, on the other.
The justice-making activity in a state of law must be based on a set of
principles that guarantee the establishment of truth and observance of the law in all
cases subject to judgment5, thus ensuring a fair trial. These principles include the
independence and impartiality of judges.
2.2 Independence and impartiality of judges in the Romanian
In the trial, judges are independent of other state bodies and even their
hierarchically superior bodies, being subject only to the law, whose provisions are
called upon to respect them. The Romanian Constitution6 enshrined this principle in
art. 124 par. (3), according to which the judges are independent and subject only to
4 Published in the Official Gazette, Part I no. 1154 of 07 December 2004, as subsequently amended.
5 See Ioan Leş, Noul Cod d e procedură civilă. Comentariu pe articole art. 1-1133 (New Code o f Civil
Procedure. Comment on articles art. 1-1133), C.H. Beck Publishing House, Bucharest, 2013, p. 72.
6 The Romanian Constitution in force was adopted by the Constituent Assembly on 21 November 1991
and was approved by the national referendum held on 8 December 1991 (the date on which it entered
into force). The 1991 Constitution was subject to a review process by Law no. 429/2003. The Law on
Constitutional Review was adopted by the Parliament on 18 September 2003 and was approved by
the referendum on 18 and 19 October 2003. Following the Revision Act, the Romanian Constitution
was republished in the Official Gazette no. 767 of 31 October 2003.