Regulatory framework for judicial integrity

Review of the regulatory framework for judicial integrity safeguards and judicial independence at the national level. The indicators measure legal safeguards on selection, promotion, and appointment of judges. In legal systems where judges are elected, the relevant criteria on the selection of judges are applied for the selection of electoral judicial candidates. The fair election of judges constitutes an objective criterion for the selection and appointment of judges. The indicators further measure legal safeguards regarding the dismissal of judges and disciplinary proceedings. Other aspects examined under these indicators relate to the transfer of judges; allocation of cases; recusal and conflict-of-interest situations of judges at the national level and of court employees. In addition, the indicators measure legal safeguards ensuring the financial resources required for the justice system to fulfil its functions. The criteria below are based on the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights, the European Convention on Human Rights, the Montreal Universal Declaration on the Independence of Justice (First World Conference on the Independence of Justice, 1983), the Basic Principles on the Independence of the Judiciary (adopted by the seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions Nos. 40/32 of 29 November 1985 and 40/146 of 13 December 1985), the Recommendation (94) 12 of the Committee of Ministers to Member States on the Independence, Efficiency and Role of Judges (adopted by the Council of Europe’s Committee of Ministers on 13 October 1994), the 2010 Recommendation CM/Rec (2010)12 (adopted by the Committee of Ministers of the Council of Europe on 17 November 2010), CCJE Opinion No. 17 (2014) on the Evaluation of Judges’ Work, the Quality of Justice and Respect for Judicial Independence, CCJE Opinion No.21 (2018) on Preventing Corruption among Judges, the 2010 CCJE Magna Carta for Judges, the 1999 Universal Charter of the Judge, the 2002 Bangalore Principles about Judicial Conduct, and GRECO Fourth Round Evaluation Reports.