Colloqium (Dublin, 19 mars 2010)

Questionnaire on Practical Aspects of Independence of Justice

The main purpose is to examine practical aspects of independence. Therefore it will be appreciated if respondents, if appropriate, in the replies or at the colloquium give concrete examples of problems encountered. The structural aspects of independence was the subject of the colloquium in Warsaw 2006 [ http://www.network-presidents.eu/spip.php?article30]. Independence was also the subject of Opinion No. 1 (2001) from Consultative Council of European Judges (CCJE) [http://www.coe.int/t/dghl/cooperation/ccje/textes/avis_EN.asp? ]

I - Protection of Independence

1. What is the legal basis (constitutional, statutory, customary, judicial precedent) of the statutes or other statutory instruments safeguarding the independence of judges?

2. What are the requirements applying to the appointment (for example appointment by the Government or by an independent body) and the guarantees regarding termination of the judicial function?

3. What are the requirements applying to the appointment of the President of the Supreme Court and what is the duration of his/her term of office?

4. What are the conditions for voluntary, temporary suspension of a judicial career and for the return of a judge to court? In particular, may a judge return to the Bench after joining the Bar or after holding a political mandate (for example: as an elected or unelected member of the legislature or the executive) or after working for the prosecution? 

5. How and by whom are the ethics of judges defined?

II - Working Conditions

6. How is the salary, including pensions, fixed, increased or decreased and by whom? Are judges awarded bonuses or any other advantages (car, lodging, etc...) and by whom? What is the annual salary (including pensions and bonuses) of a Supreme Court judge? How does this compare with the salary (including pensions and bonuses) of other state officials?

7. How are cases allocated among the different divisions of the Supreme Court and among the judges? What are the conditions or criteria for modifying the allocation of cases?

8. Daily working hours, including preparation of cases? Who has the authority to fix working hours for judges and, if so, what is the number of hours? Who controls?

9. Has each judge an office of his/her own in the court building?

10. Has each judge possibility to use a portable PC, also out of office?

11. Is each judge assisted by legally qualified clerks or research assistants?

12. Is there a library reserved for judges and other court staff? What are the opening hours? Is the assistance of a librarian possible?

13. In case the judge works at home: has he/she access to databases, provided by the court, containing for example the Supreme Court's case-law, legislation and legal periodicals?

14. Any further information for assessing the working conditions of judges and court/chambers' presiding judges?

III – Relationship with Outside Partners

15. To what extent may judges socialize with attorneys?

16. Can complaints against a judge be filed with an ombudsman? Is the judiciary controlled by the ombudsman?

17. Do decisions of international courts have a bearing on the national organisation of the judiciary? Examples?

18. What is the influence of international networking on the protection of the independence of the judiciary?

19. May judges engage in extra-judicial activities such as arbitration? May judges render expert opinions on behalf of clients?

20. May judges engage in politics or run for a political mandate?

21. How is the independence of judges protected in case of criticism or attacks from the outside environment, in particular from the “Unions”/representative bodies of Judges, the Bar/Law Societies/practising profession legal bodies, politicians and the press?

22. In what way do you think that government action or inaction may risk directly or indirectly undermining the independence of the judiciary?

23. Does criticism from the media, government or parliamentarians made either generally or in relation to particular cases risk compromising the independence of the judiciary?

24. Does the judiciary respond publicly to criticism, and if so, what means and mechanism are used to do so?

25. Is the relationship between the court and the media organised? If yes, in what way?