Constitutional Dissenting Opinions on the Relaxation of Judicial/Prosecutorial Independence, Incompatibility, and Accountability

Abstract

The study examines the independence, incompatibility, and accountability of judges and prosecutors in the
context of constitutional dissenting opinions. Judicial independence is a fundamental principle of the judiciary, ensuring
fair and equitable legal proceedings. The study analyses new laws adopted in 2022 that relax the rules on judicial and
prosecutorial incompatibility and questions their constitutionality. Particularly critical is the provision that allows
judges and prosecutors to serve in private legal entities, which may undermine the principle of judicial independence.