- Artykuły, Prawo ustrojowe
- Artykuł pochodzi z numeru IUSTITIA 3(5)/2011, dodano 31 grudnia 2011.
MAGNA CARTA OF JUDGES (Fundamental Principles) (eng)
Guarantees of independence
5. Decisions on selection, nomination and career shall be based on objective criteria and taken by the body in
charge of guaranteeing independence.
6. Disciplinary proceedings shall take place before an independent body with the possibility of recourse before
7. Following consultation with the judiciary, the State shall ensure the human, material and fi nancial resources necessary
to the proper operation of the justice system. In order to avoid undue infl uence, judges shall receive appropriate
remuneration and be provided with an adequate pension scheme, to be established by law.
8. Initial and in-service training is a right and a duty for judges. It shall be organised under the supervision of the
judiciary. Training is an important element to safeguard the independence of judges as well as the quality and effi ciency
of the judicial system.
9. Th e judiciary shall be involved in all decisions which aff ect the practice of judicial functions (organisation of
courts, procedures, other legislation).
10. In the exercise of their function to administer justice, judges shall not be subject to any order or instruction, or
to any hierarchical pressure, and shall be bound only by law.
11. Judges shall ensure equality of arms between prosecution and defence. An independent status for prosecutors
is a fundamental requirement of the Rule of Law.
12. Judges have the right to be members of national or international associations of judges, entrusted with the
defence of the mission of the judiciary in the society.
Body in charge of guaranteeing independence
13. To ensure independence of judges, each State shall create a Council for the Judiciary or another specifi c body, itself independent from legislative and executive powers, endowed with broad competences for all questions concerning their status as well as the organisation, the functioning and the image of judicial institutions. Th e Council shall be composed either of judges exclusively or of a substantial majority of judges elected by their peers. Th e Council for the Judiciary shall be accountable for its activities and decisions.
Access to justice and transparency
14. Justice shall be transparent and information shall be provided on the operation of the judicial system.
15. Judges shall take steps to ensure access to swift , effi cient and aff ordable dispute resolution; they shall contribute to the promotion of alternative dispute resolution methods.
16. Court documents and judicial decisions shall be draft ed in an accessible, simple and clear language. Judges shall issue reasoned decisions, pronounced in public and within a reasonable time, based on fair and public hearing. Judges shall use appropriate case management methods.
17. Th e enforcement of court orders is an essential component of the right to a fair trial and also a guarantee of theeffi ciency of justice.
Ethics and responsibility
18. Deontological principles, distinguished from disciplinary rules, shall guide the actions of judges. Th ey shall be
draft ed by the judges themselves and be included in their training.
19. In each State, the statute or the fundamental charter applicable to judges shall defi ne the misconduct which may
lead to disciplinary sanctions as well as the disciplinary procedure.
20. Judges shall be criminally liable in ordinary law for off ences committed outside their judicial offi ce. Criminal
liability shall not be imposed on judges for unintentional failings in the exercise of their functions.
21. Th e remedy for judicial errors should lie in an appropriate system of appeals. Any remedy for other failings in
the administration of justice lies only against the state.
22. It is not appropriate for a judge to be exposed, in respect of the purported exercise of judicial functions, to any
personal liability, even by compensation granted by the State, except in a case of wilful default.
23. Th ese principles shall apply mutatis mutandis to judges of all European and international courts.