INDEPENDENCE OF JUDICIARYBrusels 18th June 2013

Rosario Ruiz

DEVCO B.1 – Governance, Democracy, Gender and Human Rights

European Commission

EuropeAid 1

INDEPENDENCE OF JUDICIARY

• A judge shall exercise the judicial function independently on the basis of the judge's assessement of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason.

• Free from inappropriate connections with, and influence by, the executive and legislative

• A judge shall be independent in relation to society in general and in relation to the particular parties to a dispute which the judge has to adjudicate

• From judicial colleagues in respect of decision

EuropeAid 2

INSTITUTIONAL AND PERSONAL INDEPENDENCE.

• INSTITUTIONAL• PERSONEL : • Selection (recruitment-Appointment ); • Tenure and stability of term; Irremovability of judges during office• Financial security• Protection of the judge• Liability• Freedom of expression and association• Training and education• The right and duty to provide due process • Publicity of proceedings• Stability of judgement / Obligation to motive the decision

EuropeAid 3

IMPARTIALITY, ETHICHS AND INTEGRITY

• IMPARTIALITY : the state of mind, the attitude of the judge on the matters and parties of the case. It implies that judge must make objective decisions solely based on their own appraisal of the relevant facts and the applicable law.

• No preconceptions about the matter, no bias or prejudice no promote parties’ interests, no favours.

• Safeguards: Conflicts of interests/Incompatibilities/ disqualification

• ETHICS AND INTEGRITY: judge "a good person" and "appear to be"; public and private life concerned; scropulous respect for the law.

PROPERTY AND EQUALITY.PROFESIONALISM.COMPETENCE AND DILIGENCE

PROPERTY : Proper conduct in public and private/ Restricted life-stile/exemplary life; Relations with lawyers, litigants, family and friends; Freedom of expression , association and assembly but with some restraints; Improper use of the judicial prestige; Misuse of confidencial information; Acceptance of gifts;

EQUALITY of treatment of all before the courts: Court users treated with dignity;

PROFESIONALISM: Education and training. Process (common and civil law; the judicial career and profesional evaluations)

COMPETENCE AND DILIGENCE : duty to dispose of matters with reasonable promtness, decorum in court, fair and equitable distribution of work; misuse of court staff.

TRANSPARENCY AND ACCOUNTABILITY

TRANSPARENCY. Public and media access to court proceedings; Access to judgments and other court-related information;Collection , accessibility and dissemination of legal information;public awareness-raising and outreach; Achieving and maintaining public trust

ACCOUNTABILITY : codes of conducts and disciplinary mechanisms; judicial associations, performance evaluations; independent body to investigate complaints; statistics and reports ;

Role of Parliament and of Civil Society and Media