A/HRC/14/26 Compulsory or optional schemes 56. In many States, continuing legal education for judges and lawyers appears to be optional29 and at the discretion of the respective individual judges and lawyers. In other States, there is a predetermined scheme and schedule for such educational undertakings. Again in some other countries, there is a framework for continuing education. Judges should be required to undergo all necessary courses to allow them to carry out their duties in an efficient, impartial and proper manner.30 57. The Special Rapporteur is of the view that a basic scheme of continuing legal education should be compulsory for all judges31 and lawyers. Specific additional education should be undertaken in certain circumstances, for example in the case of taking up higher judicial duties or changing to another jurisdiction. Also, targeted additional continuing education should be conducted prior to and following major legal reforms. Such reforms are sometimes precipitated by the ratification of an international or regional human rights treaty, which should consequently also be part of the educational programme. Periodicity 58. A characteristic of human rights standards and rules is that they evolve over time. This requires legal education programmes for judges and lawyers to be planned and implemented on an ongoing basis at specific intervals. Examinations 59. The Special Rapporteur notes that few States have judicial career systems with periodic examinations that serve to ensure the continuing quality of the administration of justice. She would like to emphasize the importance of such schemes, which should also be given due consideration in the promotion of judges and in the process of election for judges and magistrates. Costs and resources 60. Legal education programmes for judges should be free of charge and financed from the judiciary budget within a specific budget line. This should likewise be the case for lawyers while the budget should be covered by the membership fees paid by lawyers to their associations. 61. It is of paramount importance that educational institutions and structures for judges and lawyers be adequately equipped with human and material resources as otherwise the quality of the education may suffer and not bring about the expected results.32 62. The Special Rapporteur notes that there are good practices and standards in a number of States that it would be important and meaningful to share with other States. The Special Rapporteur will be sending out a questionnaire to Member States regarding certain aspects and practices of legal education for judges and lawyers. 29 30 31 32 GE.10-12622 See for example E/CN.4/2006/52/Add.3, para. 42. See also Recommendation No. R (94) 12, Principle V, para. 2 (g). See also E/CN.4/2006/52/Add.3, para. 86. See also E/CN.4/2006/52/Add.3, para. 86. 13

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