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