INDEPENDENCE OF THE JUDICIARY (EUROPEAN EXPERIENCE)

Abstract

The paper studies the European experience in the organization and functioning of bodies of the judicial community. The goals of their establishment are analyzed of which the principal one is to maintain the necessary balance between the independence of the judiciary and the possibility of public scrutiny over its activities. The paper also provides a brief comparative review of the judicial bodies of a number of European countries (Belgium, Bulgaria, Denmark, Ireland, Spain, Italy, the Netherlands, Poland, Portugal, Romania, France and Sweden). In the caourse of the study the following key issues were addressed: the composition of these bodies (total differentiation by gender, the ratio of magistrates and non-magistrates); the term of office of their members; the procedure for the election/appointment of chairmen; their main powers (primarily with regard to issues related to the formation of the judiciary, the appointment of judges and their promotion) as well as bringing disciplinary proceedings against judges.. Finally, it is concluded that since the need to ensure judicial protection of rights and legitimate interests of citizens requires independent and qualified judges, it is the bodies of the judicial community in Western Europe who are to guarantee and strengthen the authority of the judicial system and promote the development of the rule-of-law state.

Keywords

• judicial system
• the judiciary
• status of judges
• foreign experience
• bodies of the judicial community