SOME COMPARATIVE REFLECTIONS ABOUT JUDICIAL LIABILITY

The emergence of an independent judiciary and the associated and consistentimplementation of the separation of powers principle are fundamentalachievements of modern times and important characteristics of the transitionto the rule of law. Against this background, any attempt aimed at reformingthe independence, control structure or liability of the judiciary must be viewedcritically, since reform efforts in this area often imply profound modificationsto 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 inevitablysubject the judiciary to new challenges that will ultimately lead to achange in mentality, regarding the liability and control structures of the judiciary.