| Abstract [eng] |
Problematic Aspects of Ensuring the Independence and Impartiality of Judges in Civil Proceedings The independence and impartiality of the judge in civil proceedings is a very important principle for ensuring a fair and just trial. For this reason, this principle is widely analyzed not only in national legislation but also in international legal sources. However, in order for this principle to be properly implemented, it is important to realize that the concept of independence must not be narrowly understood and that judges must make decisions without the pressure of the public. Whereas independence and impartiality cannot be isolated but are closely linked, it is important that the concept of impartiality should be given the same value by law as independence. In order to identify possible problems with the enforcement of this principle, it is important to examine the statutory guarantees of the duration of the mandate, the immunity of the person and the social (material) guarantees of judges. The practice of Lithuanian and foreign countries still presents certain problems in establishing or changing the guarantees provided by the law of judges. If such safeguards are not sufficient or give other persons the right to influence the judge, urgent action must be taken to change such regulation. In addition, the rapid development of modern technology raises questions about the judge's use of social networks. No binding or non-binding instruments have been adopted in Lithuania in this regard. It is important to consider not only the judge's use of social networks, but also the possibility of communication with lawyers through social networks and the possibility of disqualify a judge in such a case. |
