Perceptions Of The Independence Of Judges In Europe

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Perceptions of the Independence of Judges in Europe

Frans van Dijk
Perceptions of the Independence of Judges in Europe Book PDF

Author : Frans van Dijk
Publisher : Springer Nature
Page : 113 pages
File Size : 42,9 Mb
Release : 2020-12-14
Category : Political Science
ISBN : 9783030631437

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Perceptions of the Independence of Judges in Europe by Frans van Dijk Pdf

This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.

Judicial Independence

Carl Baudenbacher
Judicial Independence Book PDF

Author : Carl Baudenbacher
Publisher : Springer
Page : 520 pages
File Size : 55,8 Mb
Release : 2019-02-15
Category : Law
ISBN : 3030023079

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Judicial Independence by Carl Baudenbacher Pdf

This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Independence, Efficiency, and Role of Judges

Council of Europe. Committee of Ministers
Independence Efficiency and Role of Judges Book PDF

Author : Council of Europe. Committee of Ministers
Publisher : Manhattan Publishing Company
Page : 32 pages
File Size : 52,5 Mb
Release : 1995
Category : Law
ISBN : UVA:X002696574

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Independence, Efficiency, and Role of Judges by Council of Europe. Committee of Ministers Pdf

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Defending Checks and Balances in EU Member States

Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Defending Checks and Balances in EU Member States Book PDF

Author : Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt
Publisher : Springer Nature
Page : 478 pages
File Size : 40,6 Mb
Release : 2021-01-05
Category : Law
ISBN : 9783662623176

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Defending Checks and Balances in EU Member States by Armin von Bogdandy,Piotr Bogdanowicz,Iris Canor,Christoph Grabenwarter,Maciej Taborowski,Matthias Schmidt Pdf

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Fair Reflection of Society in Judicial Systems - A Comparative Study

Sophie Turenne
Fair Reflection of Society in Judicial Systems A Comparative Study Book PDF

Author : Sophie Turenne
Publisher : Springer
Page : 236 pages
File Size : 40,6 Mb
Release : 2015-07-20
Category : Law
ISBN : 9783319184852

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Fair Reflection of Society in Judicial Systems - A Comparative Study by Sophie Turenne Pdf

This book addresses one central question: if justice is to be done in the name of the community, how far do the decision-makers need to reflect the community, either in their profile or in the opinions they espouse? Each contributor provides an answer on the basis of a careful analysis of the rules, assumptions and practices relating to their own national judicial system and legal culture. Written by national experts, the essays illustrate a variety of institutional designs towards a better reflection of the community. The involvement of lay people is often most visible in judicial appointments at senior court level, with political representatives sometimes appointing judges. They consider the lay involvement in the judicial system more widely, from the role of juries to the role of specialist lay judges and lay assessors in lower courts and tribunals. This lay input into judicial appointments is explored in light of the principle of judicial independence. The contributors also critically discuss the extent to which judicial action is legitimised by any ‘democratic pedigree’ of the judges or their decisions. The book thus offers a range of perspectives, all shaped by distinctive constitutional and legal cultures, on the thorny relationship between the principle of judicial independence and the idea of democratic accountability of the judiciary.

Ethical Principles for Judges

Canadian Judicial Council
Ethical Principles for Judges Book PDF

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 45,7 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Judicial Independence in Transition

Anja Seibert-Fohr
Judicial Independence in Transition Book PDF

Author : Anja Seibert-Fohr
Publisher : Springer Science & Business Media
Page : 1367 pages
File Size : 54,9 Mb
Release : 2012-04-25
Category : Law
ISBN : 9783642282997

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Judicial Independence in Transition by Anja Seibert-Fohr Pdf

Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.

Perils of Judicial Self-Government in Transitional Societies

David Kosař
Perils of Judicial Self Government in Transitional Societies Book PDF

Author : David Kosař
Publisher : Cambridge University Press
Page : 487 pages
File Size : 49,7 Mb
Release : 2016-04
Category : Law
ISBN : 9781107112124

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Perils of Judicial Self-Government in Transitional Societies by David Kosař Pdf

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.

Judicial Integrity

Anonim
Judicial Integrity Book PDF

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 44,7 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

The Politics of Judicial Independence in the UK's Changing Constitution

Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
The Politics of Judicial Independence in the UK s Changing Constitution Book PDF

Author : Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien
Publisher : Cambridge University Press
Page : 307 pages
File Size : 46,7 Mb
Release : 2015-03-12
Category : Law
ISBN : 9781316240533

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The Politics of Judicial Independence in the UK's Changing Constitution by Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien Pdf

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Human Rights In The Administration Of Justice

United Nations. Office of the High Commissioner for Human Rights,International Bar Association
Human Rights In The Administration Of Justice Book PDF

Author : United Nations. Office of the High Commissioner for Human Rights,International Bar Association
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 44,7 Mb
Release : 2003-12-01
Category : Political Science
ISBN : 9211541417

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Human Rights In The Administration Of Justice by United Nations. Office of the High Commissioner for Human Rights,International Bar Association Pdf

Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Judicial Dis-Appointments

Mitchel de S.-O.-l'E. Lasser
Judicial Dis Appointments Book PDF

Author : Mitchel de S.-O.-l'E. Lasser
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 51,7 Mb
Release : 2020-10-08
Category : Law
ISBN : 9780198868859

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Judicial Dis-Appointments by Mitchel de S.-O.-l'E. Lasser Pdf

In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

The Dynamics of Judicial Independence

Lorne Neudorf
The Dynamics of Judicial Independence Book PDF

Author : Lorne Neudorf
Publisher : Springer
Page : 251 pages
File Size : 46,6 Mb
Release : 2017-02-22
Category : Law
ISBN : 9783319498843

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The Dynamics of Judicial Independence by Lorne Neudorf Pdf

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

Research Handbook on the Enforcement of EU Law

Miroslava Scholten
Research Handbook on the Enforcement of EU Law Book PDF

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
Page : 581 pages
File Size : 46,8 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781802208030

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Research Handbook on the Enforcement of EU Law by Miroslava Scholten Pdf

This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

Judicial Governance and Democracy in Europe

Pablo Castillo-Ortiz
Judicial Governance and Democracy in Europe Book PDF

Author : Pablo Castillo-Ortiz
Publisher : Springer Nature
Page : 96 pages
File Size : 51,5 Mb
Release : 2023-03-30
Category : Law
ISBN : 9783031201905

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Judicial Governance and Democracy in Europe by Pablo Castillo-Ortiz Pdf

This is an Open Access book. Amid the growing debate about models of judicial governance and their relationship to democratic quality, this book offers a systematic and empirical study of this relationship. The book thereby contributes to filling in this gap for the European continent. Taking an interdisciplinary politics and law perspective, and combining empirical and theoretical considerations, the book addresses the important link between democracy and judicial governance. In particular, it provides for three interconnected contributions. First, the book provides for a comprehensive classification of European countries into different models of judicial governance. Second, the book analyses empirically the relationship between the design of judicial governance and the quality of democracy. Third, building on those findings, the book presents policy reflections for the reform and improvement of mechanisms for judicial governance in European countries. The book seeks to refine our knowledge about the relationship between judicial governance and democracy, making an important academic and social contribution. In an era in which many democracies backslide and deconsolidate, it assesses to what extent existing mechanisms for judicial governance have contributed to the stability and quality of democratic systems in which they are implemented. Furthermore, the book puts forward reflections to improve the role of organs for judicial governance in fostering the quality of democracy. Since the book introduces in an accessible form key concepts of Judicial Governance, it will be of interest for the general public as well as academics and students in the fields of Law and Political Science. The book also addresses policy makers, as based on our empirical knowledge about the interaction judicial governance and democracy it puts forward ideas for a design of judicial governance that is more capable of protecting democratic systems of government.