A/HRC/11/41
page 29
101. As regards the judicial budget, he recommends that:
• A minimum fixed percentage of gross domestic product (GDP) be allocated to the
judiciary by the Constitution or by law. Under important domestic economic
constraints, the needs of the judiciary and the court system be accorded a high
level of priority in the allocation of resources.
• The judiciary be given active involvement in the preparation of its budget.
• The administration of funds allocated to the court system be entrusted directly to
the judiciary or an independent body responsible for the judiciary.
102. To strengthen freedom of expression and association of judges, the Special
Rapporteur recommends that:
• Freedom of expression and association of judges be effectively guaranteed by law
and practice.
• The establishment of a Judges’ Association be supported by Member States on
account of its importance as a guarantor of an independent judiciary.
103. To strengthen structures and procedures within the judiciary, he recommends that:
• Member States create a mechanism to allocate court cases in an objective manner.
• Adequate structures within the judiciary and the courts be established to prevent
improper interference from within the judiciary.
• Allegations of improper interference be inquired by independent and impartial
investigations in a thorough and prompt manner.
104. The present analysis and the above recommendations are based on the vast
experience accumulated by the mandate since its creation in 1994. The Special Rapporteur
is of the opinion that time has come to approve a comprehensive set of principles in order
to ensure and further the independence of the judiciary. This tool may serve as a reference
to all Member States and particularly those undergoing a period of political transition.
Furthermore, the Special Rapporteur recommends that the mandate elaborate an updated
study on individual and institutional parameters to ensure and strengthen the
independence of prosecutors, public defenders and lawyers.
-----
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents