Page 105 - Δημήτρης Λουκιδέλης - Μεταφράσεις Νομικών, Συμβολαιογραφικών & Δημοσίων Εγγράφων - Δείγματα Μεταφράσεων

105/115

Κώστας Μαυριάς – Συνταγματικό Δίκαιο – Η αρχή της Ανεξαρτησίας

As institutionally of equal status, the judicial power administers justice without the
other two powers being able to intervene in whatever leads to the formation of the

judicial decision. It is, thus, in the dispensation of its work, independent, and it is

precisely its independence vis-à-vis the two other constituted powers that safeguards its
equality towards them; an equality deriving, as already mentioned, by their (non-

graduated) separation in article 26 of the Constitution and by the general reference of

article 1 paragraph 3 to the powers as deriving from the people and exercised for the
latter and the nation. The independence of the judicial power is expressly enshrined in

the Constitution in article 87, paragraph 1 as functional and personal independence of
its bearers.

The meaning of functional judicial independence is rendered, besides, by the
Constitution in paragraph 2 of article 87 of the Constitution, whereby, judges, in the

performance of their duties, are subject only to the Constitution and the laws.

But the sense of personal judicial independence is also deduced by a multitude of
provisions constituting as well –directly or indirectly- guarantees of their functional

independence; provisions contained in articles of the Constitution which are included
in the chapter ‘Judicial Power’ and in the context of the principle of the self-government

of justice, and pertaining to: i. the appointment of judges by presidential decree in
compliance with a statute specifying their qualifications and selection process; ii. life

tenure; iii. Their promotion, assignment, detachment, and transfer to another branch by

a presidential decree promulgated on a decision of a supreme judicial council, iv. the
exercise of disciplinary authority against them by councils constituted either in full or

by majority by ordinary judges, v. the prohibition to provide any other salaried service

and practice any profession apart from being elected Members of the Academy, or
professors, or lecturers of higher institutions and participating in special administrative

courts and in councils or committees exercising competencies of a disciplinary, control,
or judicial character and law-drafting committees, insofar as this participation of them

is specially provided for by the law, but not also in boards of directors of enterprises
and commercial companies, vi. The prohibition of the assignment to them of

administrative duties. Finally, vi. that by virtue of an express constitutional provision

their earnings have to be proportional to their function.