Interpretation of the Constitutional Court of Kosovo in relation to Immunity
The basic idea of every state which is based in the state of the law, is equality before the law. The essence of democracy is the state of the law. Nobody within a democratic state can not refuse to obey the laws. Democracy is only when the law applies equally to the people in power, the authoriti...
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| Format: | Article |
| Language: | English |
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Danubius University
2018-11-01
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| Series: | Acta Universitatis Danubius: Juridica |
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| Online Access: | http://journals.univ-danubius.ro/index.php/juridica/article/view/5082/4705 |
| Summary: | The basic idea of every state which is based in the state of the law, is equality before the law.
The essence of democracy is the state of the law. Nobody within a democratic state can not refuse to
obey the laws. Democracy is only when the law applies equally to the people in power, the authorities
and the citizens. Exemption from the principle of full implementation of the law violates the basic
values of society. Immunity is the privilege of high authorities not to account before the law as a
protection for the independence of some institutions. The need for this legal guarantee is directly related
to the level of independence and neutrality of the judiciary in each state. In some European developed
countries, recently social demand has increased in order to reduce immunity. In recent times, in modern
countries, there is a need to find a proper balance between the need to protect the independence of
constitutional actors and the need for legal control of all powers exercised within the state. The legal
loopholes in the rule of law have to deal with increased control over the misuse of official powers. |
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| ISSN: | 1844-8062 2065-3891 |