Corruption, Democracy and justice Pim Albers Special advisor European Commission for the Efficiency of Justice (CEPEJ)

European Commission for the Efficiency of Justice Compare judicial systems of member States by using statistics, evaluation reports Compare judicial systems of member States by using statistics, evaluation reports Assistance of member states in the area of administration of justice Assistance of member states in the area of administration of justice Drafting new legal instruments of changing current ones in the justice area (Recommendations, Resolutions, etc.) Drafting new legal instruments of changing current ones in the justice area (Recommendations, Resolutions, etc.)

One of the evaluated topics concerns the status and role of judges and prosecutors Recruitment and nomination Recruitment and nomination Mandate for nomination Mandate for nomination Salaries Salaries The possibility to combine work with other activities The possibility to combine work with other activities Disciplinary proceedings and sanctions Disciplinary proceedings and sanctions Role of Councils for the Judiciary Role of Councils for the Judiciary } Topics related to (prevention) of Corruption in the Justice area

Recruitment and nominations The Consultative Council of European Judges (CCJE) considered that “every decision related to a judge’s appointment or career should be based on objective criteria and be either taken by an independent authority or subject to guarantees” (CCJE opinion No. 1 (2001) Rec (2000)19 “the recruitment of public prosecutors are carried out according to fair and impartial procedures embodying safeguards against any approach which favours the interests of specific groups…”

Facts on recruitment Recruitment of judges Body composed of members by the judiciary 6 Body composed of members external to the judiciary 7 A mixed body 35 Recruitment of prosecutors Body composed of members by the judiciary 16 Body composed of members external to the judiciary 10 A mixed body 22

Salaries (standards) Rec 94(12) on independence, efficiency and role of judges: “the remuneration of judges should be guaranteed by law and commensurate with the dignity of their profession” Rec 2000(19) on prosecutors: “public prosecutors have reasonable conditions of service such as remuneration, tenure and pension (…)” CCJE Opinion No. 1: “an adequate level of remuneration is necessary to guarantee that a judge can operate freely, without the pressured aimed at influencing their decision and their behaviour”

The facts (for judges) V IV III II I

The possibility to combine the work with other activities CCJE Opinion No. 3: judges should “refrain from any professional activity that might divert them from their judicial responsibilities or cause them exercise those responsibilities in a partial manner”

One solution is to create a public register of additional functions

Combination of the work as a judge or prosecutor with other activities JudgesProsecutors Activity Yes remunerated Yes, not remunerated No Yes remunerated Yes, not remunerated No Teaching Research and publication Arbitrator Consultant Cultural function Other function

Disciplinary proceedings and sanctions CCJE opinion no. 3: “countries should envisage introducing a specific body or person with responsibility for receiving complaints (…) any disciplinary proceedings initiated should be determined by an independent authority or tribunal, operating a procedure guaranteeing full rights of defence. (…) The sanctions available to such an authority (…) should be defined (…) by the statute or fundamental charter of judges” Rec 2000 (19) on prosecutors: “disciplinary proceedings against public prosecutors are governed by law and should guarantee a fair and objective evaluation and decision which should be subject to independent and impartial review”

Indication of disciplinary proceedings against judges

Indication of the ‘spread’ of sanctions against judges

A growing role for the Councils for the judiciary in Europe “A Council (…) is instrumental in guaranteeing the independence of the judiciary and ensuring the effectiveness and efficiency of operation of the judicial system, for citizens’ benefit” (Source: ENJC final report mission, vision rules and other relevant matters of the councils)

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