The most frequent and the most typical practices of court management which may easily lead to violation of independence have provided the basis for compiling, by contrast, “A Collection of Good Management Practices” . The last four items represent the most blatant examples of interfering with independence. The collection is a result of the work ..
The Venice Commission has examined the Act on Ordinary Courts, the Draft Act on the National Council of the Judiciary, and the Draft Act on the Supreme Court, proposed by the President of the Republic. It has come to the conclusion that the Act and the Draft Acts, especially taken together and seen in the ..
The premature termination of the President of the Hungarian Supreme Court’s mandate on account of his criticisms of legislative reforms was contrary to the Convention Download judgement summary here: Grand Chamber judgment Baka v. Hungary – premature termination of the President of the Hungarian Supreme Court’s mandate Download full judgement here: CASE OF BAKA v. ..
“The Bureau of the CCJE is deeply concerned at the implications of Draft Act for constitutional principle of separation of powers as well as that of the independence of the judiciary, as it effectively means transferring the power to appoint members of the Council from the judiciary to the legislature. This proposed new method for ..
On October 12th, 2017, CCJE Bureau issued critical opinion on the drafts of presidential projects of law on judiciary. Download full opinion here: CCJE_Opinion (Poland Oct..
During the plenary meeting of the Consultative Council of European Judges (CCJE), held in Strasbourg on 8-10 November 2017, in view of the critical situation affecting the rule of law and the independence of the judiciary in Poland, the CCJE takes note of: the Opinion of the CCJE Bureau of 7 April 2017 on the ..
The following document contains the statement of CCJE issued on July 17th, 2017 upon the adoption of the acts on Polish judiciary by the parliament. Statement 17 July 2017 of the CCJE Bureau on the Polish Parliament’s adoption of two Acts on the Polish judiciary and on the draft Act on the Polish Suprem..
This Opinion examines the following questions: What relationship should there be between the judicial power of a state and the legislative and the executive powers? On what bases do judiciaries establish their right to act as such in a democratic society? How is the “legitimacy” of judicial power demonstrated? To what extent and in what ..
The purpose of this Opinion is to examine issues and concerns relating to the role of court presidents, given the overriding need to ensure a more effective functioning of an independent judiciary and an enhanced quality of justice. The Opinion has been prepared on the basis of the Convention for the Protection of Human Rights ..