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

Corruption, Democracy
and justice
Pim Albers
Special advisor
European Commission for the
Efficiency of Justice (CEPEJ)
European Commission for the
Efficiency of Justice
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Compare judicial systems of
member States by using
statistics, evaluation reports
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.)
One of the evaluated topics concerns the status
and role of judges and prosecutors
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Recruitment and
nomination
Mandate for nomination
Salaries
The possibility to combine
work with other activities
Disciplinary proceedings
and sanctions
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”
210000
Moldova
Romania
Bulgaria
Georgia
Armenia
Azerbaijan
Ukraine
Albania
Latvia
Russian Federation
Poland
Turkey
Lithuania
Czech Republic
Slovakia
Estonia
Hungary
Slovenia
Croatia
Sweden
Bosnia and Herzegovina
Malta
Cyprus
Portugal
Italy
Germany
Monaco
Austria
Spain
France
Finland
Belgium
Andorra
Netherlands
Luxembourg
San Marino
Norway
Denmark
Liechtenstein
Iceland
Ireland
UK England & Wales
UK Scotland
UK Northern Ireland
Q4 Average gross annual salary
Q79 Gross annual salary of a 1st instance professional judge at the beginning of his/her career
Q80 Gross annual salary of a judge of the Supreme Court or of the highest appellate court
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III
IV
V
180000
150000
120000
Gross annual salary in euro
The facts (for judges)
300000
270000
240000
90000
60000
30000
0
Countries
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
Judges
Prosecutors
Activity
Yes
remunerated
Yes, not
remunerated
No
Yes
remunerated
Yes, not
remunerated
No
Teaching
39
12
1
41
10
2
Research and
publication
40
12
1
41
10
2
Arbitrator
10
4
32
8
3
35
Consultant
7
4
33
7
3
34
Cultural function
19
16
14
20
15
13
Other function
11
3
13
6
3
14
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
18%
33%
8%
41%
breach of ethics
professional inadequacy
criminal offence
other
Indication of the ‘spread’ of sanctions against
judges
29%
47%
11%
7%
Reprimand
6%
suspension
Dismissal
Fine
Other
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)
For more information: visit our website
www.coe.int/cepej