The role of the judiciary in the modern legal state and its interaction with domestic and international law

This article examines the central role of the judiciary in national and international legal systems, focusing on its competencies and independence. It explores the judiciary's function in adjudicating disputes and reviewing discretionary decisions by administrative bodies, distinguishing between formal legality and judicial review of discretionary acts. The authors address the judiciary's responsibility for interpreting domestic legislation and the limitations placed on international courts overseeing national judicial systems. They emphasize the importance of both institutional and personal judicial independence for maintaining a democratic legal state. Drawing on standards from the European Commission for Democracy Through Law (Venice Commission) and case law such as Luka v. Romania, the article illustrates how judicial independence is protected from internal and external influences. The authors conclude that understanding judicial independence is crucial for fulfilling the judiciary's constitutional role and ensuring a fair legal system.