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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
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TRANSPARENCY
Transparency is the characteristic of governments, companies, organizations and individuals being
subject to disclosure of information, rules, plans, processes and actions. As a principle, public officials,
civil servants, managers and directors of companies and organizations, and board of trustees have
a duty to act visibly, predictably and understandably to promote participation and accountability
22
.
For the judiciary, transparency means that laws, regulations, institutional structure, judgments and
decisions are available to the public. Transparency also incorporates the right to a fair and public
hearing by a competent, independent and impartial tribunal established by law, as prescribed by
the Universal Declaration of Human Rights. Moreover it implies the right of the parties to receive a
decision including reasons for the decision, written in an accessible language, easily understandable
by those who have no legal background, thus also performing an educational role. If it is a court
decision, it should be pronounced in a public hearing. Transparency is also a safeguard against
judicial retaliation targeting political or economic opponents and against unequal treatment before
the law.
PROPER ADMINISTRATION OF JUSTICE
The proper administration of justice observes individual rights, provides victims with adequate
remedies, applies proportional sanctions to the guilty, upholds constitutionalism and the rule of law,
performs its duties in a timely manner with professionalism, and secures the best use of the available
resources ensuring predictability of its decisions and restoring trust in the judiciary.
22. Anti-corruption Plain Language Guide, Transparency International, July 2009, page 44