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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
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INDEPENDENCE
Safeguards
1.
The constitutional and legal framework of a country provide sufficient safeguards on the
separation of powers, thus ensuring the judiciary is independent from the executive and
the legislative. (B1)
2.
The legal status of judges and prosecutors, as well as their independence, are clearly
established by the constitution and laws, (in case of prosecutors and only where the law
stipulates it). (B2)
3.
An independent and impartial Judicial Council shall be established by law, with the aim of
overseeing and protecting the independence of the judiciary, its reputation, and standing
against any interference. Its members shall be elected by their peers, based on objective
criteria. Where there are representatives from the executive and legislative branches they
should not form a majority, nor have decisional powers. The Judicial Council shall manage
the appointments of the judicial officials and their careers, as well as perform the role of
a disciplinary body. Representatives of civil society should be allowed to participate in the
Council`s meetings as observers. (B3)
Appointment of judicial officials
4.
The appointment/election procedure should be publicized, contain clear and objective
criteria, allowing candidates and the public to have a clear understanding of the requirements
and should also allow for monitoring by independent civil society groups. (B4)
5.
Judicial appointments should be merit-based and take into account the integrity, as well as,
the professional ability of the appointee. Candidates should be required to demonstrate a
record of competence and integrity. (B5)
6.
The appointment/election procedure should contain sufficient safeguards to ensure that
after the appointment, no links or bondage will be maintained between the appointee and
the appointing committee, such as to influence his/ her further performance. (B6)
Evaluation and promotion of judicial officials
7.
The Judicial Council should ensure that the promotion system, in countries where it exists,
is based on clear and objective criteria, on merit and performance, and is transparent. (B7)
8.
Professional evaluations should be grounded on objective criteria regarding the performance
of duties. Candidates should be required to demonstrate a record of competence. (B8)
9.
Judges and judicial officials shall have access to ongoing trainings and professional
development programs. (B9)
Security of tenure
10.
Judges should not easily be removed from office: they should be appointed/elected for
a determined period of time and should not be removed from that position unless found
responsible of severe misconduct or criminal offences, particularly corruption. (B10)
11.
Judicial officials should not be moved from the position they have been appointed to unless
they expressly request removal. (B11)
12.
Judicial officials should benefit from special pension conditions. (B12)
13.
Mechanisms to remove judges and prosecutors should be transparent and fair and every
removal should be justified. Appeal mechanisms shall be put in place in order to allow for
decisions to remove a judge from office to be appealed. (B13)
14.
High level protection from threats and intimidation, including security guards and physical
protection should be available to judicial officials and their family members. (B14)