A/HRC/38/38
93.
Judicial councils should be provided with adequate human and financial
resources. In particular, they should have their own premises, a secretariat and a
sufficient number of qualified staff to perform their functions independently and
autonomously.
Duties and responsibilities of judicial councils
94.
Judicial councils should be endowed with the widest powers in the field of
selection, promotion, training, professional evaluation and discipline of judges. They
should have general responsibilities with regard to the administration of the court
system and/or the allocation of budgetary resources to the various courts.
95.
In order to avoid excessive concentration of power in one judicial body and the
perception of corporatism, the Special Rapporteur considers it good practice to
establish different independent bodies competent for specific aspects of judicial
administration (e.g. selection, promotion, training and discipline of judges). The
composition of these bodies should reflect the particular task entrusted to them.
96.
Considering the broad and important functions of judicial councils, they should
be held accountable, both institutionally and legally, by society and the appropriate
State institutions.
Selection and appointment of judges
97.
Decisions on the appointment and promotion of judges should be taken through
a transparent process by a judicial council or an equivalent body independent of the
legislative and executive branches of powers.
98.
The procedure for the selection and appointment of judges should be based on
objective criteria previously established by law or by the competent authority.
Decisions concerning the selection and careers of judges should be based on merit,
having regard to the qualifications, skills and capacities of the candidates, as well as to
their integrity, sense of independence and impartiality. Competitive examinations
conducted, at least partly, in a written and anonymous manner can serve as an
important tool in the selection process.
99.
The Special Rapporteur considers that the involvement of the legislative or
executive branches of power in judicial appointments may lead to the politicization of
judicial appointments. In cases in which judges are formally appointed by the Head of
State, the Government or the legislative branch, the appointment should be made on
the basis of the recommendation of the judicial council that the relevant appointing
authorities follow in practice.
Court administration and budget control
100. Without prejudice to the existing responsibilities of the executive and legislative
branches of power, the Special Rapporteur is of the view that judicial councils should
be entrusted with general responsibilities with regard to the administration of the
court system, the preparation of the judicial budget and the allocation of budgetary
resources to the various courts.
Disciplinary proceedings
101. The responsibility for disciplinary proceedings against judges should be vested
in an independent authority composed primarily of judges, such as a judicial council
or a court.
102. The competence to receive disciplinary complaints and conduct disciplinary
investigations and the competence to adjudicate cases of judicial discipline should be
vested in separate branches of the judicial council or in different authorities.
103. These authorities may include members from outside the judicial profession
(lawyers, academics, members of civil society), but in no case should such persons be
members of the legislative or executive branches.
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents