Judges’ Charter in Europe
1993
Introduction.
The process of European integration has brought about an expansion of legislative and executive power, both at a national and international level. Furthermore, new pressure groups have grown up.
The political changes in some parts of Europe have demonstrated once more that a genuine separation of powers is indispensable for the proper functioning of any state that respects the rule of law. The
principle of the separation of powers must form a vital part of the policy of European integration – all the more so because the member states look upon themselves as democracies.
The independence of the judiciary is one of the foundations of the rule of law.
In consequence, it is necessary to buttress the independence of the judiciary so as to ensure that the rights of the individual are protected against attack by the State or by other pressure groups.
In order to achieve this end, the Judges of the different European countries must work together to demonstrate their solidarity in pursuing their common interests. #
From this point of view, the “Basic principles on the Independence of the Judiciary” spelt out by the United
Nations are no more than the most basic framework.
Taking the United Nations Charter as a starting point, it is necessary to embody certain common principles in a “Judges’ Charter in Europe”.
Although differences exist between one State and another as a result of differing legal traditions and practices, the European Association of Judges hereby vows to uphold the following fundamental
principles:
Article 1.
The independence of every Judge is unassailable. All national and international authorities must guarantee that independence.
Article 2.
The Judge is only accountable to the law. He pays no heed to political parties or pressure groups. He performs his professional duties free from outside influence and without undue delay.
Article 3.
Not only must the Judge be impartial, he must be seen by all to be impartial.
Article 4.
The selection of Judges must be based exclusively on objective criteria designed to ensure professional competence. Selection must be performed by an independent body which represents the Judges. Nooutside influence and, in particular, no political influence, must play any part in the appointment of Judges.
Article 5.
Judicial promotion, decided by the above-mentioned independent body, must equally depend upon the same principles of objectivity, professional ability and independence.
Article 6.
The administration of the judiciary must be carried out by a body which is representative of the Judges and independent of any other authority.
Article 7.
The other organs of the state have an obligation to give the judiciary all necessary means to perform their function, including adequate manpower and facilities. The judiciary must participate in decisions taken in relation to these matters.
Article 8.
Judicial salaries must be adequate, to ensure that the Judge has true economic independence and must not be cut at any stage of a Judge’s service.
Article 9.
Disciplinary sanctions for judicial misconduct must be entrusted to a body made up of members of the judiciary in accordance with fixed procedural rules.
Article 10.
No Judge shall be directly liable to a civil suit in respect of the performance of his professional duties.
Article 11.
The Judge, after leaving his office, shall have the opportunity to practice another legal profession.
Article 12.
The Judges’ Charter must be expressly embodied in legislation.
Article 13.
The above mentioned principles shall apply to the members of the public prosecution according to their specific position in the national Judiciary.
International Association of Judges
Union Internationale des Magistrats
Palazzo di Giustizia
Piazza Cavour – 00193 – Roma, Italy
tel. +39 06 6883 2213 – fax. +39 06 687 1195
