Roles and Responsibilities of Judicial Self-Governance Institutions in Safeguarding Judicial Independence LISBON, May 2018
A Modern and High Quality Justice System Independence and impartiality A fair application of law Citizen's access to justice and efficient and expeditious courts
State's Powers in the Judiciary Jurisdictional Function Executive and Administrative Function Legislative Function
The Judiciary and its Independence Impartial and fair Justice for Citizens Impartiality Independence The independence of the Judiciary lies in a group of principles of protective measures
Judicial Independence in the Portuguese Judiciary System Judges shall only obey the Constitution and the Law Judges shall not receive orders or instructions of any kind Legally-binding principle of natural justice Irremovibility of Judges Judges are appointed for life They can not be transferred, retired, suspended, dismissed or by any means changed on their position Irresponsibility Judges can not be held liable for they decisions Consecration of an autonomous body: The High Council of the Judiciary
The High Council of the Judiciary Main role: to assure the independence of courts and judges The High Councils are not “the Justice” nor the “Judicial Power” – they only have administrative functions Checks and Balances about Attitude Values Democratic Culture
Roles and Responsibilities of Judicial Self-Governance Institutions Independence Leadership Responsibility Independence lies on the impartiality when judging Their limits are the principles of a democratic rule of law Harmony between principles and values Harmony between the principle of the division of powers and the principle of democratic legitimacy Efficiency Quality
Thank you so much for your attention