A/HRC/38/38
devoted to the independence and impartiality of prosecutors and prosecution services
(A/HRC/20/19).
31.
Not all the States that responded to the questionnaire have established a national
body or mechanism in charge of selecting, appointing, promoting, transferring, suspending
or removing judges. Some of those respondents stated that those functions were carried out
by other authorities in their countries.26
B.
General mission
32.
The responses to the questionnaire show that the main objective of most judicial
councils is to safeguard the independence of the judicial system and the independence of
individual judges.
33.
Judicial councils also have another general objective, namely to promote the
efficiency and quality of justice. This objective is closely linked to the strengthening of
judicial independence, since the transfer of administrative functions to a judicial council
independent of the executive power limits external interference in the administration of
justice.
34.
In many European countries, including those in which judicial councils originated,
the improvement of administrative management was not included in the functions of these
bodies and remained in the hands of the Ministry of Justice. On the contrary, the
improvement of administrative management and control over the judicial budget and
personnel constituted the main reason for the establishment of judicial councils in some
northern European countries (e.g. Denmark and Sweden), as well as in a number of Latin
American countries.27
35.
The third objective that the establishment of a judicial council aims to achieve is that
of striking a balance between judicial independence and self-administration, on the one
hand, and the accountability of judges and the judiciary, on the other. Regional standards on
the independence of the judiciary recommend that judicial councils or similar independent
bodies be entrusted with responsibility for holding judges accountable for their conduct.
This competence is reflected in many of the responses to the questionnaire.28
36.
In order to avoid the excessive concentration of powers in one judicial body or the
perception of corporatism, some regional standards specifically recommend the
establishment of different independent bodies competent for specific aspects of judicial
administration — such as selection, promotion and training of judges, discipline,
professional evaluation and budget — without subjecting them to the control of a single
institution or authority.29 The existence of different self-governing institutions in charge of
different aspects of a judicial career was highlighted in a number of the contributions
received.30
37.
The Basic Principles on the Independence of the Judiciary require States to allocate
adequate resources to the judiciary in order to enable it to function properly (principle 7).
The same principle applies, mutatis mutandis, to judicial councils. While they are not per se
judicial authorities and do not exercise judicial functions, their function as a watchdog
regarding the autonomy and independence of the judiciary require that judicial councils are
independent and impartial from the executive and legislative branches of powers. For those
reasons, judicial councils should be provided with adequate human and financial resources
to perform their functions independently and autonomously. In particular, they should have
their own premises, a secretariat and a sufficient number of qualified staff to carry out their
functions.
26
27
28
29
30
8
Czechia and Germany.
Autheman and Elena, Global Best Practices, p. 3.
E.g. Azerbaijan, Bahrain, Croatia, Georgia, Mauritania, Morocco, Portugal and Togo.
See the Kyiv Recommendations on Judicial Independence, para. 2.
E.g. Jordan, Latvia and Malta.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents