Naslov
Appointment, Promotion and Dismissal of Judges and their Ethical Standards

Autori
Omejec, Jasna

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, stručni

Skup
European Court of Human Rights' Judical Seminar: Strengthening Confidence into Judiciary

Mjesto i datum
Strasbourg, Francuska, 25.01.2019

Vrsta sudjelovanja
Plenarno

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
appointment ; promotion and dismissal of judges ; judicial code of ethics ; Judicial Council ; European Model of Judicial Council

Sažetak
The judicial branch, as the main guarantee of the very existence of the rule of law and a fundamental guarantee of a fair trial in a democratic state, by virtue of its independence, is not directly accountable to any electorate. Therefore, the principles related to the appointment, promotion and dismissal of judges are of the utmost importance, especially for the public perception of judicial independence in these post-modern times when authority is in universal decline. These general principles of the independence of the judiciary include many different aspects, from the establishment of the judicial organisation to the selection and career of judges, to the rules governing judges' professional conduct, including a judicial code of ethics. There is general acceptance both that appointments should be made "on the merits" based on "objective criteria" and that political considerations should be inadmissible. However, it is the actual content of these general terms, as well as their implementation in any particular state, that is ultimately critical. When it comes to the systems of appointment in Europe, a variety of different systems exist, and there is no single model that could apply to all the countries or which could perfectly comply with the principle of the separation of powers and secure full independence of the judiciary. However, in the late 1990s and early 2000s, the European Union and the Council of Europe started to promote and advocate the so- called "European Model of Judicial Council". According to Bobek and Kosař, the key feature that distinguishes the promoted "European model" from its competing alternatives, including other types of judicial councils, is that it centralises competences affecting virtually all matters of the career of judges, including selection, appointment, evaluation, promotion, transfer, dismissal and disciplining, at one place and grants control over this body to the judges. The author analyses the implementation of this very model to the Central and Eastern European Countries (CEECs) and the countries of the Western Balkans, regarding the fact that this "European model" is based on the preconditions relating to a legal culture and judicial ethics.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA