Council of Europe launches action plan on strengthening judicial independence and impartiality PDF Print E-mail
Justice ministers from across Europe have given their backing to the Council of Europe’s new 2016-2021 action plan on strengthening judicial independence and impartiality. At a conference held in Sofia, justice ministers from the Council of Europe’s 47 member states and representatives of the judiciary agreed to take the necessary steps to implement the plan.
Geoffrey Vos addressed the conference on the topic of protecting the independence of individual judges and ensuring their impartiality. In his speech he presented some of the outcomes of the project on Independence and Accountability in which the ENCJ has identified the indicators and the challenges to each of independence and accountability. He stressed that the executive in all countries needs to have a clear understanding of what judicial independence and accountability entail. In return, judges, need to realise that the concept of judicial independence is not an absolute one.  They are responsible for the effective delivery of justice, and that is a great responsibility.  To achieve it, they must work with their governments to provide what is imperative in every democratic state – a fair and impartial decision making process, in which citizens from all parts of society and the state itself has absolute confidence.

Justice ministers from across Europe have given their backing to the Council of Europe’s new 2016-2021 action plan on strengthening judicial independence and impartiality. At a conference held in Sofia, justice ministers and representatives of the judiciary agreed to take the necessary steps to implement the plan.

Geoffrey Vos addressed the conference on the topic of protecting the independence of individual judges and ensuring their impartiality. In his speech he highlighted some of the outcomes of the project on Independence and Accountability in which the ENCJ has identified the indicators and the challenges to independence and accountability. He stressed that the executive in all countries needs to have a clear understanding of what judicial independence and accountability entail. In return, judges, need to realise that the concept of judicial independence is not an absolute one.  They are responsible for the effective delivery of justice, and that is a great responsibility.  To achieve it, they must work with their governments to provide what is imperative in every democratic state – a fair and impartial decision making process, in which citizens from all parts of society and the state itself has absolute confidence.

 
2016 EU Justice Scoreboard PDF Print E-mail

On 11 April 2016 the European Commission presented the 2016 EU Justice Scoreboard. As in in previous years the ENCJ collaborated with the Commission on some parts of the Scoreboard. In addition to the scoreboard two Flash Eurobarometers were published. Number 435 deals with perceived independence of national courts in the EU Member States by the general public. Number 436 deals with the perception of judicial independence by companies.

The data used in paragraph 3.3.2 of the scoreboard on structural independence were collected through an updated questionnaire drawn up by the European Commission in close association with the ENCJ. Responses from Member States without Councils for theJudiciary were obtained through cooperation with the Network of the Presidents of the Supreme Judicial Courts of the EU. Other data used in this section of the scoreboard are taken from the ENCJ Guide

Responses to the questionnaire per country that were collected through the ENCJ

Belgium                                                     Netherlands
Bulgaria Poland
Croatia Portugal
Denmark Romania
France Slovenia 
Hungary Slovakia
Ireland Spain
Italy CSM / Italy CPGA   Sweden
Latvia UK-England and Wales
Lithuania UK - Northern Ireland
Malta UK- Scotland

 

 
CCJE and the CCPE publish report on the challenges for judicial impartiality and independence in Council of Europe member States PDF Print E-mail
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) and the Consultative Council of European Prosecutors (CCPE) have jointly submitted to the Secretary General of the Council of Europe a report on the “Challenges for judicial independence and impartiality in the member states of the Council of Europe”. This report follows the Secretary General’s 2015 report: ”State of Democracy, Human Rights and the Rule of Law in Europe – a shared responsibility for democratic security in Europe“, where the CCJE and CCPE were requested to “urgently draft a comprehensive review of the main challenges for judicial impartiality and independence in member states”. This report is published together with a document compiling the comments on this report, forwarded to the Secretariat by the member states of the Council of Europe.

On the request of the Secretary-General of the Council of Europe, the Bureaus of the CCJE and CCPE have jointly prepared and submitted e a report on the “Challenges for judicial independence and impartiality in the member states of the Council of Europe”. The report follows the Secretary General’s 2015 report: ”State of Democracy, Human Rights and the Rule of Law in Europe – a shared responsibility for democratic security in Europe“, in which the CCJE and CCPE were requested to “urgently draft a comprehensive review of the main challenges for judicial impartiality and independence in member states”. The report is published together with a document compiling the comments on this report, forwarded to the Secretariat by the member states of the Council of Europe.

The ENCJ has been involved in the preparation of the report and ENCJ´s reports, in particular the report on Independence and Accountability of the Judiciary have been used by the CCJE and CCPE for their report.  

 
EC launches public consultation on insolvency in the EU PDF Print E-mail

The Commission wants to help businesses overcome financial difficulties in case of bankruptcy, while at the same time maximising the value received by other parties concerned. An appropriate insolvency framework would be an essential element of a good business environment and would therefore in the Commission's view be important for jobs and growth. This consultation seeks stakeholders' views on key insolvency aspects. In particular, it seeks views with regard to common principles and standards which could ensure that national insolvency frameworks work well, especially in a cross-border context.

Contributions from courts are particularly welcomed by the Commission. The consultation is open till 14th June 2016. 

For more information click here

 
Dutch Council publishes working paper on Independence and Accountability PDF Print E-mail
We use the data to gain a deeper understanding of various ways
to approach judicial independence and the main determinants of independence by a statistical analysis
presented here. We try to answer three questions in particular. First, do perceptions of independence
differ between citizens and judges? Second, which are the important determinants of independence, as
perceived by judges in judicial practice? And third, what is the relationship, if any, between perceived
independence and formal safeguards of independence?

The Netherlands Council for the Judiciary has conducted a further study of the results of the ENCJ Independence and Accountability report 2014-2015.

The working paper Independence and Accountability: Judicial Perceptions and Formal Safeguards uses the data gathered by ENCJ to gain a deeper understanding of various ways to approach judicial independence and the main determinants of independence through a statistical analysis. The paper sets out to answer three questions in particular. First, do perceptions of independencediffer between citizens and judges? Second, which are the important determinants of independence, as perceived by judges in judicial practice? And third, what is the relationship, if any, between perceived independence and formal safeguards of independence?

 


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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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