حصانة القاضي ضد العزل في القانون الجزائري

الملخص EN

This article highlights the immunity of the judge against depose, which is the essence of the independence of the judiciary and a natural result of the principle of separation of powers.

If justice is the basis and essence of the principle of the independence of the judiciary, the basis and essence of independence is its immunity from depose.

How can the judge be independent in his court? , Neutral in his positions, just in his judgments if his destiny in the hands of the executive? If the immunity of the judge against seclusion provides him with reassurance in his office and protects him from all the influences and pressures of the executive authority, it is not at the same time a privilege for the judge alone, as it is primarily the protection of the litigants in their honor and lives, without which the judge can not raise the voice of the law In the face of the executive if the latter has the power to remove him from the post.

The judge's immunity against depose was therefore one of the greatest guarantees and pillars that truly symbolized the independence of the judiciary, where he was enshrined in the provisions of the constitutional texts and in the legal systems.

This principle does not mean that the judge can not be dismissed forever and that he retains his position even if unacceptable actions have been issued.

Rather, this principle means that the judge is not dismissed, retired, suspended or transferred except in the circumstances and in the manner prescribed by law.