Corruption, Corruption, Democracy and Democracy and

justicejusticePim AlbersPim Albers

Special advisorSpecial advisorEuropean Commission for the European Commission for the Efficiency of Justice (CEPEJ)Efficiency of Justice (CEPEJ)

European Commission for European Commission for the Efficiency of Justicethe Efficiency of Justice

Compare judicial systems Compare judicial systems of member States by using of member States by using statistics, evaluation statistics, evaluation reportsreports

Assistance of member Assistance of member states in the area of states in the area of administration of justiceadministration of justice

Drafting new legal Drafting new legal instruments of changing instruments of changing current ones in the justice current ones in the justice area (Recommendations, area (Recommendations, Resolutions, etc.)Resolutions, etc.)

One of the evaluated topics concerns the One of the evaluated topics concerns the status and role of judges and prosecutorsstatus and role of judges and prosecutors

Recruitment and Recruitment and nominationnomination

Mandate for nominationMandate for nomination SalariesSalaries The possibility to The possibility to

combine work with other combine work with other activitiesactivities

Disciplinary proceedings Disciplinary proceedings and sanctionsand sanctions

Role of Councils for the Role of Councils for the JudiciaryJudiciary

}Topics related to(prevention) ofCorruption in theJustice area

Recruitment and nominationsRecruitment 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 recruitmentFacts on recruitment

Recruitment of judgesRecruitment of judges

Body composed of members Body composed of members by the judiciaryby the judiciary 66

Body composed of members Body composed of members external to the judiciaryexternal to the judiciary 77

A mixed bodyA mixed body

3535

Recruitment of prosecutorsRecruitment of prosecutors

Body composed of members Body composed of members by the judiciaryby the judiciary 1616

Body composed of members Body composed of members external to the judiciaryexternal to the judiciary 1010

A mixed bodyA mixed body 2222

Salaries (standards)Salaries (standards)

Rec 94(12) on independence, efficiency and role of judges: “the Rec 94(12) on independence, efficiency and role of judges: “the remuneration of judges should be guaranteed by law and remuneration of judges should be guaranteed by law and commensurate with the dignity of their profession”commensurate with the dignity of their profession”

Rec 2000(19) on prosecutors: “public prosecutors have Rec 2000(19) on prosecutors: “public prosecutors have reasonable conditions of service such as remuneration, reasonable conditions of service such as remuneration, tenure and pension (…)”tenure and pension (…)”

CCJE Opinion No. 1: “an adequate level of remuneration is CCJE Opinion No. 1: “an adequate level of remuneration is necessary to guarantee that a judge can operate freely, necessary to guarantee that a judge can operate freely, without the pressured aimed at influencing their decision without the pressured aimed at influencing their decision and their behaviour”and their behaviour”

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Q80 Gross annual salary of a judge of the Supreme Court or of the highest appellate court Q79 Gross annual salary of a 1st instance professional judge at the beginning of his/her career

Q4 Average gross annual salary

The facts (for judges)The facts (for judges)

V IV III II I

The possibility to combine the work The possibility to combine the work with other activitieswith 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 One solution is to create a public register of additional functionsfunctions

Combination of the work as a Combination of the work as a judge or prosecutor with other judge or prosecutor with other activitiesactivities

Judges Prosecutors

ActivityYes

remuneratedYes, not

remuneratedNo

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 sanctionsDisciplinary 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 Indication of disciplinary proceedings against judgesagainst judges

33%

41%

8%

18%

breach of ethics professional inadequacy criminal offence other

Indication of the ‘spread’ of sanctions Indication of the ‘spread’ of sanctions against judgesagainst judges

47%

6%7%

11%

29%

Reprimand suspension Dismissal Fine Other

A growing role for the Councils for the A growing role for the Councils for the judiciary in Europejudiciary in Europe

““A Council (…) A Council (…) is instrumental is instrumental in guaranteeing in guaranteeing the the independence independence of the judiciary of the judiciary and ensuring and ensuring the the effectiveness effectiveness and efficiency of and efficiency of operation of the operation of the judicial system, judicial system, for citizens’ for citizens’ benefit” benefit” ((Source: ENJC Source: ENJC final report final report mission, vision mission, vision rules and other rules and other relevant relevant matters of the matters of the councilscouncils))

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www.coe.int/cepej