Statement on the position of the Turkish High Council for Judges and Prosecutors in the ENCJ PDF Print E-mail

The ENCJ reiterates its unreserved condemnation of the recent attempted coup in Turkey. The loss of life incurred in this attack on a democratically elected government is inexcusable. Those responsible should be made accountable through an open, fair and impartial judicial process conforming with international standards.

 The ENCJ has expressed its concern, both before and after the attempted coup, that the approach of the High Council for Judges and Prosecutors to the transfer, suspension, removal and prosecution of judges has not been consistent with the principles of judicial independence.  The ENCJ has received persuasive information that these procedures have taken place without respecting the principles referred to above.

 The board of the ENCJ has repeatedly requested the Turkish High Council for Judges and Prosecutors for details of the procedures followed relating to the extraordinary mass dismissal of thousands of judges and prosecutors and to demonstrate that minimum international standards in relation to disciplinary proceedings against judges and prosecutors have been followed. To date no satisfactory response has been received to these vital inquiries.

 As a result of the information that the ENCJ has received and the failure of the Turkish High Council to provide any satisfactory response to it, the board is forced to conclude that the Turkish High Council for Judges and Prosecutors no longer meets the requirements of the ENCJ that it is independent of the executive and legislature so as to ensure the independence of the Turkish Judiciary. The board of the ENCJ has accordingly resolved unanimously to propose to its General Assembly the suspension of the status of Observer to the ENCJ of the HSYK. To this end it has called an extraordinary general meeting which will take place in December 2016.

 Brussels, 28th September 2016

 
Brainstorm session with European Commissioner Jourova PDF Print E-mail

On 19th September 2016 the ENCJ participated in an informal brainstorm session which was organised and hosted by the European Commission. The session aimed to discuss the Quality and Independence of the Justice Systems. Besides the European Commissioner Ms Vera Jourova and the staff of DG Justice, the participants were representatives of the three main Judicial networks: ENCJ, ACA- Europe (Councils of State) and the NPSJCEU (Presidents of the Supreme Courts).

brainstorm

© European Union, 2016

The ENCJ was represented by the President Ms Nuria Diaz Abad, the former President Lord Justice Geoffrey Vos, Mr Damir Kontrec (State Judicial Council of Croatia) and Monique van der Goes. 

The discussion focussed on the need to increase public confidence in a changing society. There was a particular focus on the EU Justice Scoreboard and the need to develop indicators for the Quality of Justice and to evaluate the effectiveness of the safeguards for the Independence of the Judiciary. 

 
Extraordinary Congress of Polish Judges PDF Print E-mail

On Saturday 3rd September 2016 over 1000 Polish judges gathered in Warsaw to discuss the ongoing tension between Poland's government and Constitutional Tribunal. In addition the congress discussed a new prosecution act and the influence of planned judicial reforms on the independence of courts and judges. The congress adopted three resolutions in which the judges a.o.

  • call on the representatives of the executive power and the legislative power to engage in a real dialogue with the judiciary;nda_warsaw_2016
  • call on the government to respect the judgments of the Constitutional Tribunal and to publish them; 
  • express their concern about the proposals to amend the Act on the National Council of the Judiciary of Poland and
  • express their solidarity with Turkish judges unlawfully dismissed from service in connection with recent developments in Turkey.

Nuria Díaz Abad, the President of the ENCJ, addressed the congress (video) and set out the various ENCJ standards in the relevant fields. 

 

 
ENCJ´s statement on developments in Turkey PDF Print E-mail
The ENCJ condemns the attempted coup in Turkey and regrets the loss of lives and many casualties. Those behind the coup should be held responsible through a fair and impartial trial in accordance with international standards.
The ENCJ is gravely concerned by the reports that over 2700 judges and prosecutors were suspended and/or dismissed by the High Council for Judges and Prosecutors only hours after the terrible events happened. A number of judges that were member of the High Council of Judges and Prosecutors appear to be among those suspended from office. Further reports seem to indicate that a vast number of judges and prosecutors were subsequently detained.
Current events give reason to believe that a further purge of the judiciary is taking place under the pretext of the failed coup attempt.  The ENCJ reiterates its call to the Turkish Authorities to respect fully the main principles that guarantee the independence of judges and the principles of due process for all those affected.

The ENCJ will follow the developments in Turkey and stay in close contact with the relevant European and international authorities.

The ENCJ condemns the attempted coup in Turkey and regrets the loss of lives and many casualties. Those behind the coup should be held responsible through a fair and impartial trial in accordance with international standards.

The ENCJ condemns the attempted coup in Turkey and regrets the loss of lives and many casualties. Those behind the coup should be held responsible through a fair and impartial trial in accordance with international standards.

The ENCJ is gravely concerned by the reports that over 2700 judges and prosecutors were suspended and/or dismissed by the High Council for Judges and Prosecutors only hours after the terrible events happened. A number of judges that were member of the High Council of Judges and Prosecutors appear to be among those suspended from office. Further reports seem to indicate that a vast number of judges and prosecutors were subsequently detained.

Current events give reason to believe that a further purge of the judiciary is taking place under the pretext of the failed coup attempt.  The ENCJ reiterates its call to the Turkish Authorities to respect fully the main principles that guarantee the independence of judges and the principles of due process for all those affected.

The ENCJ will follow the developments in Turkey and stay in close contact with the relevant European and international authorities.

 
2015/2016 ENCJ reports presented and adopted PDF Print E-mail

At the ENCJ General Assembly in Warsaw on 1st to 3rd June 2016 the ENCJ adopted the following reports:

 


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ENCJ News
05/04/2016 > CCJE and the CCPE publish report on the challenges for judicial impartiality and independence in Council of Europe member States
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Report from the CCJE and the CCPE on the main challenges for judicial impartiality and independence in Council of Europe member States The Bureaus of the Consultative Council of European Judges (CCJE [ ... ]


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