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CENTRE OF EXPERTISE IN JUDICIARY @ TRANSPARENCY INTERNATIONAL ROMANIA
38
Universal
Declaration of Human Rights
UNCAC
UNCAC - Technical guide
Bangalore principle for judicial conduct
33
Basic Principles on the Independence of the Judiciary
34
Procedures for Basic Principles
35
Strengthening Judicial Integrity against Corruption
36
Guidelines on the role of prosecutors
37
UN Convention Against Transnational
Organized Crime
GRECO Evaluation
International
Covenant on Civil
and Political
Rights
Montreal
Declaration
38
Ibero-American Summit
39
American Declaration of the Rights
and Duties of Man
Mt. Scopus Standards
40
IBA Minimum Standards
41
Beijing Statement
42
European Charter
43
Recommendation No. R (94) 12
44
CM(2010)147
45
Opinion no. 3 of CCJE
46
Opinion no. 1 (2000) of CCJE
47
Limassol
Conclusions (CMJA)
48
Council
Framework Decision
2001/220/JHA
49
New Delhi
Standards
50
Siracusa Principles
51
The Cairo Declaration
52
Commonwealth principles on the three branches of
Government
African charter on human and
peoples’
Rights
Plan of action for Africa on
53
African union convention on preventing and combating
corruption
Combating corruption in Judicial
Systems
Asian Human Rights Charter
EC Green Paper
54
The Universal
Charter of the judge
Beirut Declaration
European Convention of Human Rights
ECHR -Civil Limb
55
ECHR – Criminal Limb
56
GCR 2007
57
Advocacy Toolkit
58
D3. A detailed code of conduct
for all judicial officials should
be in force
I pg.19 Value
3.1
Proce
dure 1
and 3
R2: Part 2:
GPC10; 5;
R4: 12.2
Pg. 2
P. 3 ,
2.2.2;
P. 4 ,
2.3.2
D4. Conflicts of interests are
forbidden.
II.7.
pg. 18,
201;IV
pg.25
R1: Part2:
GPC3 R2:
Part2: 4.4;
R4:13.2
2.02;
2.31
P. 3, p.
19; P. 5,
p. 30
P. 4, p. 17;
P. 6, p. 37;
P. 7, p. 39
A.23.
A.28
P. 1 ,
a.4
D5. Declarations of interests
and wealth are mandatory for
the judicial officials and shall be
checked by the Judicial Council.
art.9.1
.e pg.28
pg. 10
pg.
26
D6. Corrupting judicial officials
should be a criminal offence.
A 8
A 9
A. 63
D7. The judicial officials shall not
accept, nor hold any other office,
except for academic positions,
as long as they do not create
a bias which affects his/ her
impartiality and independence.
Value
4.10,
4.11
R1: Part 2:
GPC3 R4:
14.1;
2.3
7.4
P. 4, p. 29 P. 6, p. 33,
p. 37
P. 4,
2.2.2.
D8. Judicial officials shall not
enjoy any immunity regarding
corruption offences.
pg. 11
A 8
A 9
R1: Part1:
1.2; 2.1;
2.6; R2:
Part3:1.2.2.
D9. Parties shall have the
right for an exceptional appeal
against a decision issued by a
judge who has been sanctioned
for corruption in relation with
that case.
pg. 10
R1:
Part1:1.2.;
5.5; R2:
Part 2 3.1;
R4:16
D10. Specific regulations against
revolving doors shall be adopted
with regard to judicial officials to
prevent situations in which even
the appearance of impartiality of
the court is challenged […]
Pg. 17
ACCOUNTABILITY
Regarding the judicial process
E1. Decisions are reasoned and
indicate both the facts and the
applicable law.
2
P. 3, p.1 V;
P. 3, p. 3
(b), V
P. 3, p. 13
P.3,
2.2
A.
45.1
E2. Decisions must include
consideration of all evidence.
P. 3, p. 3
(f), V
E3. Reasons are provided in
writing so that parties can read
and understand them
P. 3, p. 3
(f), V
A. 6.1 Pg. 45 Pg. 21
pg.
24
E4. The reasons are written in
plain language and accessible to
laypersons.
A. 6.1 Pg. 45 Pg. 21
E5. In legal systems where
the lay judges or jurors
are not requested or not
permitted to provide reasons
for their decisions, the proper
administration of the case shall
allow the accused to determine
the factual and legal basis on
which he / she is convicted on
P.3,
2.2
Pg. 21
E6. Prosecutors` decisions
are subject to hierarchical or
court review
Pg.
9-10,
35