- Artykuły, Prawo ustrojowe
- Artykuł pochodzi z numeru IUSTITIA 3(5)/2011, dodano 31 grudnia 2011.
MAGNA CARTA OF JUDGES (Fundamental Principles) (eng)
On the occasion of its 10th anniversary, the CCJE adopted, during its 11th plenary meeting (Strasbourg, 17–19 November 2010), a Magna Carta of Judges (Fundamental Principles) summarising and codifying the main conclusions of the Opinions that it already adopted. Each of those 13 Opinions, brought to the attention of the Committee of Ministers of the Council of Europe, contains additional considerations on the topics addressed in this document (see www.coe.int/ccje).
Rule of law and justice
1. Th e judiciary is one of the three powers of any democratic state. Its mission is to guarantee the very existence of
the Rule of Law and, thus, to ensure the proper application of the law in an impartial, just, fair and effi cient manner.
2. Judicial independence and impartiality are essential prerequisites for the operation of justice.
3. Judicial independence shall be statutory, functional and fi nancial. It shall be guaranteed with regard to the other
powers of the State, to those seeking justice, other judges and society in general, by means of national rules at the highest
level. Th e State and each judge are responsible for promoting and protecting judicial independence.
4. Judicial independence shall be guaranteed in respect of judicial activities and in particular in respect of recruitment,
nomination until the age of retirement, promotions, irremovability, training, judicial immunity, discipline,
remuneration and fi nancing of the judiciary.