Case № 7/ 2011 year Status: Resolved

The obligation for the bodies of the judiciary to disclose confidential information and documents relating to criminal investigations constitutes an unlawful intervention on the part of the legislature in the work of the judiciary and undermines its independence (Article 117(2) of the Constitution). The protection of the confidentiality of information relating to criminal investigations is an essential part of justice administration and a standing duty of the bodies of the judiciary who carry out their functions independently. Hence it follows that the requests for the judiciary to disclose confidential information or documents to the legislature is a matter that goes to the very core of the principle of separation of powers. Such requests may prejudice the judgment of the bodies conducting an investigation as an expression of interest undoubtedly raises doubts as to their impartiality and hinders the normal functioning of public institutions.