Increasing Judicial Independence and Accountability

Slides:



Advertisements
Similar presentations
European Union European Union. European Coal and Steel Community 1952: began with the signing of the Treaty of Paris, establishing the European Coal and.
Advertisements

European Judicial Systems 2002 Facts and figures on the basis of a survey conducted in 40 Council of Europe Member States.
1 Supreme Court of Albania 1 The Presentation of Albania.
Changes in the Dutch Judiciary Dr. Philip M. Langbroek Contract Enforcement and Judicial Systems in Central and Eastern Europe, June
Conflict of Interest State Ethics Commission. Conflict of Interest Person A has role X regarding issues Q Person A has role X regarding issues Q X requires.
Performance Framework Part 2 – Performance and Resource Management Multi Donor Trust Fund for Justice Sector Support in Serbia.
EU structure. Parliament only directly elected body the legislative and budgetary authority 785 members every 5 years represent nearly 500 million citizens.
Contract Enforcement and Judicial Systems in Central and Eastern Europe Warsaw, Poland June 20-22,
Regional conference on the 1980 Hague Convention on the Civil Aspects of International Child Abduction, February, Belgrad,Serbia Albania’s Challenges.
The judicial system in Albania The judicial power is exercised by the courts of first instance, the courts of appeal and the High Court. Courts may be.
Bosnia Statistical Training Prosecution/Courts Session 8, November 23, 2010 European Commission on Efficiency of Justice.
Judicial reform in Montenegro in the scope of the European Union integration process The road forward and the steps taken Ms. Branka Lakočević Deputy Minister.
Multy-country Workshop on the fight against corruption Skopje April 2015 Duro Sessa Justice of Supreme Court of Republic of Croatia Vice-president.
1 General Budget Support Presentation by the Ministry of Finance.
2009 Gallaudet University Climate Survey Results Presentation to the Academic Council Dr. Pat Hulsebosch, Executive Director of Academic Quality September.
Developments of Probation and Mediation Service The Czech Republic.
Courts and Tribunals Operation and control of the Courts and Tribunals as well as the legal status of professional Judges and Magistrates, who shall form.
The Role of Institutional Investors in Corporate Governance Case of Romania Cristina Hodea, MBA THE THIRD SOUTH EASTERN EUROPE CORPORATE GOVERNANCE ROUNDTABLE.
Kosovo (Under UNSCR 1244) Statistical Training Prosecution / Courts Session 6, October 7 th, – Overview of the Criminal Justice System and.
Indicators for Criminal Cases Management in Bulgaria Public Hearing: Improving Criminal Justice Systems in Europe: The Role of E-Tools and Performance.
Albania Statistical Training Prosecution / Courts Session 4, January 31, – Overview of the Criminal Justice System and Statistics – Recording.
Copyright 2010, The World Bank Group. All Rights Reserved. Prosecution Statistics Part 1 Crime, Justice & Security Statistics Produced in Collaboration.
Review Sec 3 & 4 Chp. 3. Please select a Team. 1.Team 1 2.Team 2 3.Team 3 4.Team 4 5.Team 5.
With funding from the European Union DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS
Regulatory Impact Analysis – Lebanon Working Group IV: Focus Group on Public Service Delivery, Public-Private Partnership and Regulatory Reform Amman,
General Summing up of the proceedings and debates Dr iur Julia Laffranque (Estonia) Justice at the Supreme Court Vice chair of the CCJE.
Victims Rights and the Standing of victims in criminal procedures Focus in judicial cooperation lies traditionally on the investigating authorities and.
Corruption, Democracy and justice Pim Albers Special advisor European Commission for the Efficiency of Justice (CEPEJ)
Bosnia & Herzegovina Statistical Training Prosecution / Courts Session 4, November 22nd Overview of the Criminal Justice System and Statistics – Recording.
Copyright 2010, The World Bank Group. All Rights Reserved. Uses of Statistics on Crime, Justice & Security Part 1 Crime, Justice & Security Statistics.
Overview of different political party funding systems of Member States of the Council of Europe Overview of different political party funding systems of.
REPUBLIC OF MACEDONIA The Reform of the Judicial System in the Republic of Macedonia Warsaw, June 2005.
History of Judicial Reform in Romania Judge Cristi Danileț Sofia, 14 oct 2009.
PROGRAMMING OF INTERNATIOAL ASSISTANCE Donor Sectoral Meeting Ministry of Justice 25 th September, 2007.
AS LAW: English Legal System Alternative Dispute Resolution  Understand why the use of alternative methods of dispute solving are rising in popularity,
Joint Programme Enhancing judicial reform in the Eastern Partnership countries Conseil de l'EuropeUnion européenne Council of EuropeEuropean Union.
Participatory Environmental Governance : Role of Communities in Europe and Asia Jona Razzaque Reader in Law Bristol Law School, UWE, Bristol, UK Bristol.
Advocacy and the role of the Healthcare Support Worker “ Advocacy is concerned with promoting and protecting the interest of people in the care of nurses.
Management of the Judicial Career Comments from Bosnia-Herzegovina, Hungary, Poland, Romania, Serbia, Turkey, and the Slovak Republic.
PROBATION: a new impetus for Conditional Release Round table Julie Masters Andy Stelman.
Understanding Papua New Guinea’s Complex Constitutional Leadership Accountability Mechanism – a Discussion on Re Public Prosecutor’s Power to Appoint a.
Croatia Statistical Training
PHASE 3 – PROSECUTION AND COURTS TRAINING
REPARIS Workshop Vienna
Change management driven by champions
Defining independence:
Montenegro Statistical Training
Parliamentary and European Law Making Institutions of the European Union Notes:
THE EUROPEAN COURT OF JUSTICE
Illustrating essential Internal Control elements
John F. Kennedy High School Annual General Assembly of Parents
THE EUROPEAN COURT OF JUSTICE
Institutional Framework, Resources and Management
Intosai internal control standards committee François-Roger Cazala
Guidance and Discipline
The European Anti-Corruption Report
JUDICIAL REFORM IN PORTUGAL
Responsibility and accountability The role of judicial and administrative inspection bodies 4th april, 2018 – Rodolfo de Serpa.
Roles and Responsibilities of Judicial Self-Governance Institutions in Safeguarding Judicial Independence LISBON, May 2018.
Albanian Situation Marsida Xhaferllari and Brunilda Kadi
WORKSHOP DISCIPLINARY PROCEEDINGS AGAINST JUDGES AND PROSECUTORS IN UKRAINE JUDICIAL DISCIPLINARY PRACTICE: ANALYSIS OF COMPLAINTS ADMISSIBILITY AND OPINIONS.
MODERN BAR ASSOCIATION CONFERENCE
Georgiana Iorgulescu Executive Director Center for Legal Resources
Conseil de l'Europe Union européenne
Impact of EU Law on Irish Environmental Law: Contemporary Developments
RULE OF LAW Definition: all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly.
A Proactive Role for Court Presidents
Presentation transcript:

Increasing Judicial Independence and Accountability Results from three tables Warsaw, June, 2005

Judicial Councils regarded as “better” than prior systems for Selecting, disciplining, promoting, evaluating judges and prosecutors Thereby enhancing judicial independence However, experience is short and there is much variation in how councils are structured, what powers they have, and how they use them

While none works perfecting, following seem important Judges should be a majority in the council, but a counterbalance and other views are needed Role of Ministry of Justice is problematic in many cases How councils do their work is key (e.g. clear criteria, transparency, to whom members respond) Their decisions on dismissals should be reviewable beyond the council Possibly different processes for judges and prosecutors

Budgetary control varies MOJ, independent body, council, and mixed systems Not clear there is a problem here Not clear which system is preferred Does appear to be a problem when courts do not have control over hiring or supervising their own staff.

Accountability – best linked to transparency Transparency of councils’ operations protects both public and judges Assets declarations for judges– usually required, but ideas on publication vary Use of statistics – publication and comparison with international data Publication of judgments important, but note this is not the norm in Western Europe – recent ruling of E. Court on privacy complicates situation Press – can be irresponsible but also is important in pushing for improved performance.