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Journal articles on the topic 'International standards of judiciary'
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1
Kulyk, Serhiy. "Modernization of national judicial systems in the context of international legal standards." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 38–45. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-4.
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The article analyzes the key provisions of the European Charter and its Explanatory Memorandum, which indicate the mandatory implementation of international standards at the level of national constitutions. The document emphasizes that the basic principles of judicial behavior should be enshrined in domestic regulations at the highest level, which provides guarantees of competence, independence and impartiality of judges and courts. This provision is mandatory for all European states, which requires the inclusion of relevant standards in constitutional acts. The article examines the example of Finland, where constitutional reform has ensured a clear separation of powers and independence of the judiciary. The Constitution of Finland defines three branches of government, including the judiciary, which is exercised by independent courts such as the Supreme Court and the Supreme Administrative Court. The authors also explore the problems and challenges associated with the implementation of international standards. In particular, questions arise regarding the accuracy of legal wording in international documents and the need to adapt them to national contexts. Based on the analysis of the constitutional provisions of various European countries, such as Germany, Poland, the Czech Republic, Latvia and others, conclusions are drawn on general trends and approaches to the constitutional modernization of judicial systems. Each constitution defines the basic provisions on the judiciary, although the details remain at the level of other legislative acts. This allows for flexibility and adaptability of the judicial system to changing conditions. The authors emphasize the importance of constitutional and legal regulation of the judiciary and the need for its compliance with international standards to strengthen confidence in the judiciary and ensure effective justice. Key words: international standards, judicial authorities, judicial system, justice, constitutional and legal regulation.
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Pyroha, I. S. "STANDARDS OF INTERNATIONAL JUSTICE: INDEPENDENT JUDICIARY." State and Regions. Series: Law, no. 3 (2023): 160–65. http://dx.doi.org/10.32782/1813-338x-2023.3.24.
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Ivaniv, I. "Theoretical and example understanding of the role of the judiciary at the present stage of state formation." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 306–11. http://dx.doi.org/10.24144/2788-6018.2022.02.57.
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The article examines the theoretical and legal features of the formation and development of the judicial system in modern conditions. Various theoretical approaches to understanding the role of the judiciary in the process of state formation are analyzed. International legal documents are being studied, which are devoted to the functioning of the judiciary, ensuring its independence and guarantees for the work of judges. It is noted that today, at a time of challenges for nations and states that have chosen the democratic path of development, including Ukraine, it is important to ensure the continued effective functioning of the judiciary in view of international standards of its construction and development.
 It is established that the modern period of state formation requires the formation of new approaches for theoretical and applied understanding of the functioning of the judiciary, their place among other public authorities, the need for proper and guaranteed human rights and freedoms, taking into account legal principles, compliance with internationally recognized standards. Today, at a time of challenges for nations and states that have chosen the democratic path of development, including Ukraine, it is important to ensure the continued effective functioning of the judiciary in the light of international standards for its construction and development. Among the important principles of the functioning of the judiciary is its independence, including the independence of judges, which includes their proper financial and social security. Corruption risks require compliance with standards for the selection of judges, quality procedures for their selection and evaluation, as well as the functioning of a special independent structure to achieve its goals, which is also an element of the proper functioning of the judiciary. In addition, the intensification of the expert and scientific environment is especially important today, it is the key to building a proper judicial system and ensuring its effective functioning.
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Kulyk, S. V. "A doctrinal analysis of the implementation of international standards in national legislation in the field of justice." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 895–98. https://doi.org/10.24144/2788-6018.2024.06.150.
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The doctrinal analysis of the implementation of international standards in national judicial legislation is an important aspect of ensuring that the domestic legal order complies with generally accepted principles and norms of international law. International standards in the field of justice cover various aspects, including human rights, fair trial principles, independence and impartiality of courts, and case procedures. The implementation of these standards into national legislation is a complex and multifaceted process that includes the adaptation of national legal norms to international requirements, the integration of new procedures and mechanisms into the judicial system, and the provision of appropriate education and training for judges and other judicial officers. In doing so, it is important to take into account national peculiarities of legal systems, traditions and existing judicial practice. One of the main challenges in this process is to strike a balance between international standards and national legal traditions. The opinions of legal scholars on the implementation of international standards in national legislation are extremely relevant in the context of modern globalization processes and Ukraine’s integration into the international legal community. By considering three key areas - the role of the judiciary, the constitutional basis for the administration of justice, and the specifics of foreign experience in modernizing national judicial systems - one can better understand and assess the challenges and prospects for reforming the national legal system. Thus, thedoctrinalanalysisoftheimplementation of international standards in national legislation on the judiciary is an important tool for studying and improving legal systems, promoting the rule of law and protecting human rights. It helps to identify problems and shortcomings in the implementation process, develop recommendations to overcome them, and ensure that national justice systems meet the highest international standards.
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Bordun, Olesia. "Theory of judicial security." Global Prosperity 1, no. 1 (2021): 23–30. http://dx.doi.org/10.46489/gpj.2021-1-1-2.
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In this article, we have attempted to generalise the current theory of judicial security. We emphasised that traditionally the judicial security theory includes a set of scientific views on the security of the court, judge, justice system and participants in the trial, and the status of the Judicial Protection Service. We briefly described the history of judicial security and drew attention to the reforms of recent years. An analysis of international judicial standards has shown that the security of the judiciary correlates to its independence. We proposed an interdisciplinary adaptation of the judicial security methodology, considering the limitations of specialised research on the subject. As a result, we concluded that the lack of a sole methodological guideline produces uncorrelated changes in the judicial security system elements. To systematise the theory of security of the judiciary, we propose to consider the methodological basis of international standards of justice.
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Babenko, G. O. "European standards of the judiciary and the status of judges." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 353–56. http://dx.doi.org/10.24144/2788-6018.2021.04.61.
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The main goal of Ukraine in the direction of integration into the European Union is the adaptation of Ukrainian legislation to the legislation of the European Union, the gradual adoption and implementation of regulations of Ukraine, developed taking into account the legislation of the European Union. The state policy of Ukraine on the adaptation of legislation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, etc.
 The purpose of the article is to determine the content of the concept and system of European standards of the judiciary and the status of judges, which can be applied in the legislation of Ukraine, taking into account the peculiarities of the judicial system.
 The article deals with the legal nature of standards, so the following definition is formulated: a legal standard is a set of rules of conduct of entities in a particular area, established by regulations.
 When applying European standards in the field of the judiciary and the status of judges, the following must be taken into account: the standard must be regulated by international law and enshrined in Ukrainian law; may be mandatory or recommended; a single approach to the content of this standard will ensure the unity of case law.
 The article proposes a system of European standards of the judiciary and the status of judges, which consists of two groups: 1) generally accepted European standards, mandatory European standards; 2) special European standards in the field of the judiciary and the status of judges, those of a recommendatory nature.
 The importance of adhering to European standards in the field of the judiciary and the status of judges, as well as their impact on judicial practice in democracies, is difficult to overestimate. Their comprehensive implementation in the judiciary is relevant, as it ensures the democratic development of Ukraine and the rule of law. The existence of a unified approach to defining the content of the concept, the system of European standards, their enshrinement in international and European legal acts will ensure the unity of case law.
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Awawda, Osayd. "Assessment of De Jure Judicial Independence of Constitutional Courts According to International Guidelines." Constitutional Review 10, no. 1 (2024): 202. http://dx.doi.org/10.31078/consrev1017.
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Judicial independence of constitutional courts is of paramount importance because it upholds the rule of law, protects individual rights, and maintains checks and balances in a democracy. Moreover, it ensures impartiality, prevents the abuse of power, and fosters public trust in the legal system. By interpreting and applying the law without external influence, an independent judiciary safeguards the principles of justice and democratic governance. This Article provides criteria for assessing de jure judicial independence of constitutional courts according to four renowned international documents that set normative standards for protecting judicial independence. These four documents are synthesises the literature about the definition of judicial independence, particularly in the context of constitutional courts, and analyses four international guidelines that set essential standards for protecting the independence of the judiciary. These four guidelines are: Basic Principles on the Independence of the Judiciary by the UN,1 Report of the Special Rapporteur on the Independence of Judges and Lawyers,2 the Universal Charter of the Judges,3 and International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors.4 Using conceptual and doctrinal analysis, this Article identifies three key elements of de jure judicial independence: personal, institutional, and procedural. It also establishes practical criteria to evaluate whether the laws governing a specific constitutional court uphold or undermine its de jure judicial independence. Importantly, it is crucial to distinguish between de jure and de facto judicial independence because merely enacting constitutional provisions and laws to safeguard the judiciary does not automatically guarantee an independent judiciary in practice. The discussion of these principles highlights how personal, institutional, and procedural independence can be established and preserved within the courts. This Article concludes that the common purpose of these principles is to protect judges from unwarranted interference, especially from the executive branch. Among the various principles, the most crucial ones were found to be independent judicial appointment procedures and ensuring judges’ tenure is protected against retaliatory actions by the governing regime.
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Burdina, E. V., and D. A. Burdin. "International legal standards of formation of the judiciary." Mordovia University Bulletin 24, no. 4 (2014): 012–20. http://dx.doi.org/10.15507/vmu.024.201404.012.
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Sabah Al- Kariti, Ali Abbas, Zainab Pourkhaqan Shahrezaee, Abdali Mohamamd Swadi, and Mohammad Sharif Shahi. "The Impact of International Legal Standards on Fair Trial in the Criminal Legal Systems of Iran and Iraq." Legal Studies in Digital Age 3, no. 4 (2024): 135–47. https://doi.org/10.61838/kman.lsda.3.4.12.
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International legal standards, particularly those outlined in human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, play a significant role in ensuring fair trial rights. These standards establish fundamental principles that states must adhere to within their criminal legal systems to safeguard the rights of both defendants and victims. Among the most crucial principles are the right to an independent and impartial tribunal, the right to legal counsel, the right to be informed of charges, the right to a public and fair trial, and the prohibition of torture and ill-treatment. Compliance with these standards not only prevents human rights violations but also enhances public trust in the judiciary and strengthens the rule of law. International legal standards on fair trial have a substantial impact on the criminal legal systems of Iran and Iraq; however, the degree of influence and the challenges faced in each country differ. In Iran, the Constitution and ordinary laws recognize key principles such as the presumption of innocence, the right to legal representation, the right to be informed of charges, and the right to a public trial. Additionally, efforts have been made to reform laws and judicial practices to better align with international standards. In Iraq, the judicial system has witnessed progress following the fall of Saddam Hussein’s regime; however, it continues to face challenges such as corruption, resource shortages, and inadequate training for judges and prosecutors. While the Iraqi Constitution guarantees the right to a fair trial and judicial independence, the judiciary has been criticized for lacking impartiality and independence, with allegations of government interference in judicial matters. Using a descriptive-analytical method, the researcher concludes that both countries require further efforts to ensure the independence and impartiality of the judiciary, support the role of lawyers and bar associations, and protect defendants' rights. Furthermore, the international community, including the United Nations, must play a pivotal role in promoting the rule of law and human rights in both countries.
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Proskurnya, V. O. "International legal standards of publicity of the judiciary and their application in martial law." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 1112–16. https://doi.org/10.24144/2788-6018.2025.02.166.
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Under martial law, the issue of ensuring the proper functioning of the judiciary and compliance with international standards of its publicity is of particular relevance. Military aggression creates unprecedented challenges for the judicial system, forcing it to balance between ensuring the openness of justice and ensuring the safety of participants to the judicial process. The article examines the international legal standards of publicity of the judiciary and the specifics of their application under martial law. The author analyses international and national legal acts regulating the issues of openness of the judicial process, including the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights and relevant provisions of national legislation. The author identifies the basic principles of publicity of court proceedings, including the right of the public and the media to access court proceedings, openness of court decisions and the need for transparent operation of judicial bodies. Particular attention is paid to the peculiarities of implementing the principle of publicity of court proceedings under martial law. The author examines possible restrictions on the openness of court hearings which may be due to national security considerations, protection of state secrets or the need to protect the rights of participants to the proceedings. The author also analyses the provisions of Ukrainian legislation on the legal regime of martial law which allow for restrictions on public access to court hearings in case of a threat to state security or law and order. The practical significance of the results obtained is that they can be used to improve national legislation and judicial practice on ensuring the publicity of the judiciary in special conditions, as well as to develop methodological recommendations for courts on how to organise their work under martial law. The materials of the study may be useful for scholars, practicing lawyers, judges and other specialists in the field of judicial proceedings. In addition, an important aspect is the impact of digital technologies on ensuring the publicity of the judiciary during martial law. The use of videoconferencing, online broadcasts of court hearings and e-justice contributes to the principle of open justice even in conditions of limited physical access to judicial institutions. However, at the same time, the issue of cybersecurity, personal data protection and fair trial guarantees arise, which requires further legal regulation and adaptation of court procedures to the new realities.
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Serdynskiy, V. S. "Judicial self-government in Ukraine (in the context of European standards)." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 412–15. http://dx.doi.org/10.33663/2524-017x-2022-13-65.
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The relevance of the issue of proper functioning of judicial self-government, its important role in protecting the independence of the judiciary and the professional interests of judges is not in doubt today. In this article, the author analyzed the organizational forms of judicial self-government in Ukraine, in accordance with the current legislation of our country. At the same time, the article pays special attention to the recommendations of the Advisory Council of European Judges, which analyzed the organization and empowerment of judicial councils in various European countries. It also provided its recommendations on the composition of such councils of judges, as well as an approximate list of powers that should be given to such councils. The article draws attention to the existence of associations of judges, which also stand for the protection of the professional interests of judges and the protection of the independence of the judiciary. The author concludes that the national legislation on judicial self-government is sufficiently in line with European standards on this issue, but warned that in case of legislative changes, or improvement of this institution, care should be taken of legislative and practical reform of the judiciary. The introduction of inconsistent legislative changes is otherwise detrimental to the judiciary and its perception by civil society. Key words: Judicial Council, Judicial Self-Government, Independence of Judges.
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Dharmesh, Jadoun. "The Process of Impeachement of Judges." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 1140–45. https://doi.org/10.31142/ijtsrd17051.
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India needs a less cumbersome way to impeach judges and make the judiciary more accountable. The Judicial Standards and Accountability Bill should be revived. Over the past seven decades, the provision in India's Constitution relating to the impeachment of judges in the higher judiciary has failed to give satisfactory results. Most debates around abortive impeachment motions made in the past have centred around the need for India to evolve an impeachment mechanism that is less cumbersome. But a bill introduced in Parliament that attempts to make the judiciary accountable - the Judicial Standards and Accountability Bill - has been gathering dust over the last few years. Dharmesh Jadoun "The Process of Impeachement of Judges" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: https://www.ijtsrd.com/papers/ijtsrd17051.pdf
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Izuita, Petro, and Bohdan Voitenko. "PRINCIPLES OF ORGANIZATION AND FUNCTIONING OF THE JUDICIARY: THEORETICAL AND LEGAL ASPECTS AND INTERNATIONAL STANDARDS." Modern scientific journal 6, no. 4 (2024): 8–16. https://doi.org/10.36994/2786-9008-2024-6-1.
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The article examines the basic principles of organization and functioning of the judiciary enshrined in the Constitution of Ukraine, civil procedural law and regulations governing the judiciary. An important aspect is the principle of legality, which allows for an optimal balance between the powers of the court and the rights of a person seeking judicial protection. In addition, the author reveals the content of the principles of judicial activity, independence, autonomy, exclusivity and completeness of the judiciary, which ensure a balance between the powers of the court and the rights of persons seeking judicial protection. Particular attention is paid to the importance of ensuring a fair trial, access to justice and the right to a trial by a court established by law. The practical aspects of the application of this principle in Ukraine and at the international level are assessed, in particular through the case law of the European Court of Human Rights.Particular attention is paid to the principle of protection of rights, legitimate interests and freedoms, its statutory consolidation and correlation with the principles of fair trial, access to justice and international human rights standards. The author analyzes the European practice, including the judgments of the European Court of Human Rights, on the guarantees of the right to a court established in accordance with the law. The author draws conclusions about the need to comply with international standards in the administration of justice in Ukraine.
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Sattorova, Mavluda. "DENIAL OF JUSTICE DISGUISED? INVESTMENT ARBITRATION AND THE PROTECTION OF FOREIGN INVESTORS FROM JUDICIAL MISCONDUCT." International and Comparative Law Quarterly 61, no. 1 (2012): 223–46. http://dx.doi.org/10.1017/s0020589311000601.
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Prior to the rise of international investment treaties and institutionalization of investor–state arbitration, the protection of foreign investors from mistreatment in the host state courts was the preserve of customary international law, which prohibited a denial of justice and provided for diplomatic protection as a principal means of dispute settlement. In contrast, contemporary international investment law offers a whole array of legal standards that can be invoked in seeking redress for the acts of national courts before international arbitral tribunals. In addition to relying on the customary prohibition of denial of justice, investors can challenge judicial conduct under the treaty standards on expropriation, fair and equitable treatment and, in some cases, the obligation to ensure effective means of asserting claims. Although the multiplicity of standards available to aggrieved investors can be regarded as an inalienable part of an effective regime for the protection of foreign investment, it also gives rise to a number of fundamental problems relating to the application of procedural mechanisms designed to control the review of the conduct of national judiciary by international courts and tribunals. Focusing on arbitral cases in which claims of a denial of justice were brought under the rubric of ‘a judicial expropriation’ and ‘a failure to provide effective means of asserting claims’, this article seeks to ascertain when investor claims relating to the administration of justice in the host state courts become amenable to arbitral scrutiny. It argues that, by providing a variety of standards under which the acts of judiciary can be challenged, investment treaty law allows investors to circumvent procedural barriers and thus muddles the boundaries demarcating the scope of international review of national judicial conduct.
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Kurmangali, Medeu, and Zhanel Sailibayeva. "JUDGE ETHICS IN SOCIAL NETWORKS: INTERNATIONAL STANDARDS AND FOREIGN DISCIPLINARY PRACTICE." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 69 (2022): 142–51. http://dx.doi.org/10.52026/2788-5291_2022_69_2_142.
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The relevance of the topic under study is due to the increasing role of social networks in modern social and legal relations, and in particular, its influence on the administration of justice. The influence of the new media culture on the revision of communication and the practice of disseminating information about a person's personality raises unusual and interesting questions concerning the activities of the courts. In the global era, the use of social media has become the daily activity of most people. Social networks have become a powerful tool for information and educational work and can contribute to increasing public confidence in the judiciary. However, the use of social media generates ethical issues with new challenges. The main purpose of the research is to analyze some of the main international legal aspects of the problems of judicial ethics in social networks. The influence of the new media culture on the rethinking of communication and the practice of disseminating personal information raises specific and interesting questions about the functioning of the judiciary. In the global age, using social media has become a daily activity for most people. Social media has become a powerful advocacy tool and can increase public confidence in the judiciary. Judges should be careful when using social media. When posting materials on social networks, it should be taken into account that everything that they publish will remain even after deletion, and the information provided by the judge may be misinterpreted and taken out of context. When writing an anonymous comment online, keep in mind that there are different ways to identify a person. Any personal information or photos posted on the social network must be modest and appropriate.
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Khalil, Faiza. "A Vision for Digitizing Judicial Processes and Integrating Artificial Intelligence in Pakistan’s Judiciary: Enhancing Efficiency and Upholding Judicial Integrity." International Journal of Law, Ethics, and Technology 2024, no. 3 (2024): 108–22. http://dx.doi.org/10.55574/rzhl8875.
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The judiciary, as the cornerstone of justice and the rule of law, is at a pivotal juncture to harness the transformative power of digital technology and artificial intelligence (AI) to enhance its operations. This essay outlines a comprehensive approach for digitizing judicial processes in Pakistan, incorporating AI integration by drawing parallels with successful international model. The focus is on the need for systemic change to ensure efficiency, transparency, and accessibility in the legal system. Current challenges include a lack of proper implementation of the rule of law, prolonged trials, and low public confidence. Traditional methods of case filing are manual and paper-based, leading to inefficiencies. The essay proposes a step-by-step transformation starting from e-filing to the digitization of the entire lifecycle of a case, aiming to modernize Pakistan’s judiciary. AI can aid in legal research, evidence standards, and sentencing, offering predictive capabilities and streamlining routine case management. Ethical considerations and the need for human judicial discretion are emphasized to balance AI’s assistance with maintaining judicial integrity and fairness. This digital transformation can restore public trust and efficiency in Pakistan’s judiciary, paving the way for a modern, digital legal system. Keywords: Technological Integration in Courts, Predictive Analytics in Law, Transparency in Judicial Processes, Judicial Modernization, Artificial Intelligence in Judiciary, Digital transformation, AI and Legal Ethics, Case Management Systems, E-Filing, Legal Tech Innovation, AI in Legal Research, Efficiency in Judiciary, AI and Evidence Standards, AI in Sentencing, Legal Information Systems
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Banawala, Harshilkumar dineshbhai, and Dr. Jitendra Bhanushali. "Custodial Deaths and The Role of Indian Judiciary: A Critical study." Royal International Global Journal of Advance and Applied Research 2, no. 2 (2025): 5–8. https://doi.org/10.5281/zenodo.15533806.
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<em>Custodial deaths continue to be a significant concern in India, raising critical questions about human rights violations, accountability, and the effectiveness of the judicial system in addressing such issues. This paper provides a critical analysis of custodial deaths and the role of the Indian judiciary in preventing and addressing them. Custodial deaths refer to the deaths of individuals while in the custody of law enforcement agencies, often resulting from torture, abuse, or neglect. The paper examines the legal framework governing custodial deaths, focusing on constitutional provisions, domestic laws, and international human rights standards. It delves into the role of the judiciary in investigating, adjudicating, and holding perpetrators accountable, as well as its responsibility to ensure justice for victims' families. This study further analyzes landmark judgments that have shaped the discourse around custodial deaths and explores the challenges faced by the judiciary in delivering justice in these cases, such as political influence, inadequate investigations, and lack of police accountability. The research argues for stronger accountability mechanisms, independent oversight of law enforcement agencies, and prompt judicial redress to prevent custodial brutality. It suggests adopting international best practices, including ratifying the UN Convention Against Torture (UNCAT), as a step toward aligning Indian practices with global human rights standards.</em> <em> Ultimately, this study calls upon the judiciary not only to issue guidelines but to ensure their rigorous enforcement through judicial activism, monitoring, and collaboration with civil society. It emphasizes that the judiciary must act as a guardian of constitutional rights and a check against state excesses to protect the most vulnerable in custody.</em>
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Terhechte, Jörg Philipp. "Judicial Ethics for a Global Judiciary – How Judicial Networks Create their own Codes of Conduct." German Law Journal 10, no. 4 (2009): 501–14. http://dx.doi.org/10.1017/s2071832200001188.
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It is not a new insight that nowadays everything and everybody seems to be globalized. This is even true with respect to the different branches of the state. We know a lot about the globalization of the executive branch and administrative law (towards a global or international administrative law) for example. Public agencies around the world are compelled to cooperate – e.g. to change information and work together on legal cases – because many problems can only be solved by a cross-border approach. The legislative branch faces the deep influence of globalization, too. National lawmakers have to respect or transform standards and rules set by international organizations such as the WTO, NAFTA or the EU. In the EU, for example, 70–80% of national legislation in the field of economic law is based on rules set by the EU. Furthermore, the question arises whether the judiciary is also remarkably influenced by globalization. Is the judicial branch, or more precisely in the international context, the national and international judiciary, yet globalized? What role does the judge play in the context of globalization?
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Šimonis, Mindaugas. "The Role of Judicial Ethics in Court Administration: From Setting the Objectives to Practical Implementation." Baltic Journal of Law & Politics 10, no. 1 (2017): 90–123. http://dx.doi.org/10.1515/bjlp-2017-0004.
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Abstract A court administration striving to guarantee the independence and professionalism of the court and judges requires attention to judicial ethics. Judicial ethics as a system of professional values and as an institutional instrument of judiciary is an integral part of court administration which is based on the principle of self-regulation. The importance of court administration requires a scientific approach to its elements. Therefore, this article begins by providing analysis of the main objectives of judicial ethics and a comparative study on the European practices establishing judicial ethics. It also provides a systematic list of the basic principles of the conduct of judges that are established in different international standards and legal systems of different European countries. By analysing documents of different international institutions and codes of ethics of European countries, the author identifies a systematic structure and the fundamental starting point of modern judicial ethics. The methods of descriptive comparative analysis and observation of recent developments are dominant in this study. Reacting to the scientific problems and current needs of legal communities with regard to the enforcement of judicial ethics, the article presents approaches that could lead to increased effectiveness of ethics in the judiciary, as well as to the development of methods of enforcement of judicial ethics. The purpose of this article is not just to disclose the main international standards and regulations on judicial ethics in Europe, but also to make it practically valuable for developers of judicial ethics, taking into consideration the fact that recently many countries have been trying to reform and improve ethical systems in the judiciary. Given the limited scope of this article, other important elements of court administration and developing a comparative study of the content of judicial ethics and the jurisprudence of its implementation will be presented in future publications.
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Cho, Yeonmin. "Time for the Courts: The Role of the Korean Judiciary in the Domestic Application of Ratified ILO Conventions." International Journal of Comparative Labour Law and Industrial Relations 41, Issue 2 (2025): 125–34. https://doi.org/10.54648/ijcl2025010.
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This article explores the evolving role of the Korean judiciary in applying ratified International Labour Organization (ILO) Conventions under domestic law. Following the ratification of Conventions No. 87, 98, and 29 in February 2021, they have been legally binding in Korea since April 2022. However, significant challenges persist in integrating these international standards into Korean labour relations. The article emphasizes the critical function of the domestic courts in interpreting and applying the Conventions to individual labour disputes in the context of Korean labour relations and laws. Given the initial reluctance and inconsistent approaches by the government, the judiciary’s commitment to international labour standards is essential for their effective implementation. This article underscores the necessity for the courts to respect international interpretations while addressing domestic specificities, while aiming to transform international labour standards from symbolic gestures into actionable norms in Korea.
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Kondrych, Vasyl. "High anti-corruption court in the context of international standards of judicial procedure and administration of justice." Revista Amazonia Investiga 10, no. 46 (2021): 32–41. http://dx.doi.org/10.34069/ai/2021.46.10.3.
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The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.
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Halimov, Islambek Shavkatbek ogli, and Mirabbos Ahmadjon ogli Sobirjanov. "INTERNATIONAL STANDARDS AND EXPERIENCE OF FOREIGN COUNTRIES TO LIMIT THE RISK OF CORRUPTION AND CONFLICT OF INTEREST IN THE ADMINISTRATION OF JUSTICE." International journal of advanced research in education, technology and management 2, no. 6 (2023): 6–23. https://doi.org/10.5281/zenodo.8011083.
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In this article, the authors focused on international standards, international standards and the experiences of developed countries in this field in order to make the judiciary free from corruption and avoid conflicts of interest, and in this place international conventions and agreements, organizations and their activities are emphasized.
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SHANY, YUVAL, and SIGALL HOROVITZ. "Judicial Independence in The Hague and Freetown: A Tale of Two Cities." Leiden Journal of International Law 21, no. 1 (2008): 113–29. http://dx.doi.org/10.1017/s092215650700475x.
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AbstractThis note evaluates the application of rules on judicial independence and impartiality in two international decisions issued in 2004 – the ICJ Order on Composition in the Wall Advisory Proceedings and the disqualification decision of the Special Court for Sierra Leone in Sesay – and compares them with a code of judicial conduct recently prepared by an ILA study group (the Burgh House Principles on the Independence of the International Judiciary). We assert that the approach taken by the ICJ in Wall is excessively restrictive and is out of step with contemporary tendencies to embrace stricter standards of judicial independence and impartiality.
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Kroitor, V. A. "Writ proceedings as a separate type of summary proceedings in civil judiciary of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 189–94. https://doi.org/10.24144/2788-6018.2025.01.30.
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The author of the article has studied the issue of preserving guarantees of fair judicial protection while introducing summary procedures within civil legal proceedings. The author of the article has noted that Ukraine’s path to joining the European Union involves the introduction of new standards of the judicial power functioning. The introduction of international standards for the administration of justice and their consolidation in national civil procedural legislation is an important stage for spreading European law in Ukraine. The author of the work has indicated that one of the significant innovations of the civil judiciary of Ukraine, aimed at differentiating legal proceedings into types of judicial proceedings, is the possibility of carrying out civil judiciary according to the rules of summary proceedings. Accordingly, summary judicial procedures that optimize civil legal proceedings for the effective administration of justice in civil cases are being currently formed in the doctrine of civil procedural law. The author of the work has proved that the development of summary types of civil legal proceedings is a vivid manifestation of the policy for further differentiation of judicial procedures in domestic judiciary. Writ proceedings are a separate type of summary judicial procedures in domestic civil procedural judiciary. The author has made the conclusion that writ proceedings are a certain inter-branch sub-institution, in the course of which the court considers undisputed claims submitted to the court in cases clearly defined by procedural law and with proper documentary confirmation of the right to claim. The list of such claims has been established for a long time and is regulated by the Art. 161 of the Civil Procedural Code of Ukraine. At the same time, either summary or written proceedings, which are regulated by the Civil Procedural Code of Ukraine, cannot be regarded as manifestations of shortened judicial proceedings or rocket docket during the military armed aggression of the Russian Federation against Ukraine. On the contrary, another conclusion is quite logical – that the application of summary proceedings contributes to the implementation of the right to a fair trial enshrined in the Art. 6 of the European Convention on Human Rights. Further improvement of the procedures for summary proceedings should be carried out by taking into account the requirements of international and legal standards, as well as principles of civil legal proceedings, in particular the requirements of the content of the pro rata principle.
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Havrylenko, Volodymyr. "Impact of international legal standards on the competence and specifics of national judicial and other law enforcement agencies." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 46–55. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-5.
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It should be emphasized that the consideration of international legal standards from a systemic perspective is only just beginning to be the subject of close attention of legal scholars. There are already, unfortunately, only a few articles in which international standards are considered as independent systems in relation to the activities of a particular judicial or law enforcement agency or a particular area of professional legal activity, such as advocacy or notary activities, etc. The article explores important aspects related to the establishment and regulation of the competence of national judicial and law enforcement agencies in accordance with international legal standards. This study aims to examine and analyze the rules that determine the scope of powers of these bodies in the context of the global legal environment. The author examines the general principles and basic concepts that are crucial for determining the competence of national judicial and law enforcement agencies at the international level. Particular attention is paid to international agreements and conventions that define the obligations of states in the field of justice and law and order. The article attempts to summarize the results obtained and identify the prospects for the development of international legal standards in the field of competence and specifics of national judicial and other law enforcement agencies. The author emphasizes the importance of constant updating and adaptation of these standards to changes in the world to ensure an effective response to modern challenges to justice and law and order. In general, the article highlights the key aspects and challenges related to the determination of the competence and specifics of the activities of national judicial and other law enforcement agencies in the context of international legal standards, emphasizing the need for interaction and cooperation between countries to ensure justice and law and order at the global level. Key words: international standards, judiciary, law enforcement agencies, law enforcement activities, law and order.
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Butryn-Boka, N., and O. Zygrii. "NON-COURTARY FORMS OF CIVIL DISPUTE RESOLUTION: INTERNATIONAL EXPERIENCE OF FOREIGN COUNTRIES." Scientific Notes Series Law 1, no. 12 (2022): 19–24. http://dx.doi.org/10.36550/2522-9230-2022-12-19-24.
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The article is devoted to the study of non-judicial forms of resolving civil disputes in the current legislation of Ukraine, with reference to foreign practice, the use of these forms. The main forms of dispute resolution are indicated and the concept and content of alternative dispute resolution are analyzed. The main methods in which alternative dispute resolution is expressed are determined, the advantages and differences of each of the methods are investigated. The importance of the development of non-judicial forms of development is also evidenced by international standards. Since Ukraine is trying to meet the European vector of development, the question arises about the compliance of national legislation with international standards, including in the field of civil disputes. First of all, the existence of non-judicial norms for resolving civil disputes indicates the development of democracy in the country, which is manifested in the ability to resolve the conflict without litigation, but in its own environment. However, effective regulation requires a clear enshrinement of these provisions at the level of law, which confirms the favorable development of the state. Referring to international practice, it should be noted that there is a significant number of recommendations that encourage the introduction of new non-judicial forms of civil dispute resolution. This raised the question of introducing a so-called alternative settlement of civil disputes. A significant number of European countries have enshrined this institution at the legislative level. Non-judicial forms of dispute resolution, in particular, are designed to avoid complaints about the improper performance of their functions by the judiciary, which is what led to the emergence of such a system in civil proceedings, which consists in resolving legal conflicts outside the judiciary. Thus, each of the non-judicial forms is characterized by its own procedure for the application and resolution of civil disputes. The need to create such forms arose due to Ukraine's efforts to meet international standards. After all, in foreign countries, the policy of reducing the role of judges in resolving minor disputes, which can be clarified without the need to go to court, is gaining considerable popularity.
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Aung, Nge Nge. "Principle of Irremovability of Judges: Judicial Independence in Hungary." Journal of Education Culture and Society 10, no. 2 (2019): 293–98. http://dx.doi.org/10.15503/jecs20192.293.298.
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Argument
 Principle of irremovability of judges is a norm of judicial independence not only in the EU framework but also in the international level.Judges of the Supreme Courts or the Constitutional Court are still removed even in the modern and developed countries. It is deeply related to the lack of independence of the judiciary in Europe and beyond Europe too. 
 Results and Conclusion
 The results of the work can be applied in some countries that have not linked each other with regional integration policy ( like Myamar and ASEAN Countreies). The functions of the Constitutional Court are needed to be updated to protect the fundamental rights effectively in national level and the judiciary should be free from the influence of the legislature and the executive.
 Cognitive value
 To learn the best solution for the reconcilement among the three great branches of the government, especially to respect the independence of the judiciary and the principle of irremovability of judges widely accepted as not only international standards but also EU noem.
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Abdulmannon Mamatmurodovich, Khasanov. "THE REFLECTION OF INTERNATIONAL STANDARDS ON THE RIGHT TO A FAIR TRIAL IN NATIONAL LEGISLATION AS A MECHANISM FOR A DEMOCRATIC STATE GOVERNED BY LAW." European International Journal of Multidisciplinary Research and Management Studies 02, no. 06 (2022): 160–65. http://dx.doi.org/10.55640/eijmrms-02-06-31.
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The article contains international standards on the right to a fair trial, international documents, the content of the rights of the defendant to an independent, impartial and competent court, the jurisdiction of the judiciary, the views of leading scholars and experts on the role of courts in a democratic state, international law and scientific analysis of national legislation.
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Hrusha, V. V., and S. V. Dyachenko. "NEPOTISM AS A BASIS FOR REMOVAL (SELF-RECUSAL) OF THE COURT’S COMPOSITION: ANALYSIS OF JUDICIAL PRACTICE." Constitutional State, no. 42 (July 7, 2021): 32–39. http://dx.doi.org/10.18524/2411-2054.2021.42.232412.
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At the moment, Ukraine is trying hard to meet both European and international standards. This is manifested not only in the reform of public authorities, the creation of new state bodies, whose main task is to combat and prevent corruption, but also to bring national legislation in line with international standards. In our opinion, Ukraine’s orientation to comply with international provisions on the independence and impartiality of judges is the key to creating a judicial system that should operate in a democracy, and is a factor that will contribute to the effective implementation of other legal reforms. In every democracy, the court must be independent and impartial. Without exaggeration, we can say that this is one of the fundamental principles of the judiciary. The principle of independence and impartiality of the judiciary includes many elements, among which a prominent place is occupied by the institution of removal of a judge from participation in the case. In this study, we would like to demonstrate the complexity of proving the grounds and facts that are necessary for the removal of a judge by analyzing the decisions of different judges. Proposals were made to improve the norms of national legislation and bring it in line with international norms. The authors drew attention to law enforcement practice, as in some cases the decisions of some courts directly contradicted others.
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Ali, Adan Mohamed Omar. "Judicial Independence in Somalia." Global Journal of Politics and Law Research 12, no. 2 (2024): 20–31. http://dx.doi.org/10.37745/gjplr.2013/vol12n22031.
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This study is to present a comprehensive understanding of the state of judicial independence in Somalia. It specifically focuses on examining the constitutional provisions and legal framework that govern the independence and immunity of judges in Somalia. Additionally, it aims to evaluate international standards of judicial independence, analyze the composition and functions of the Judicial Service Commission (JSC) in terms of the appointment, promotion, and removal procedures of judicial officers in Somalia. Furthermore, the study aims to identify the challenges encountered by the judiciary and propose policy and legal reforms based on the research findings, with the ultimate goal of enhancing the independence of the judiciary in Somalia. In this study, using qualitative research, the researchers analysed constitutional provisions, legal frameworks, and a range of published and unpublished materials such as books, journal articles, research papers, reports, internet sources, newspapers, legal systems, and the constitutions of Somalia. The study concludes that while Somalia has made efforts to ensure the independence of its judiciary, there are still significant challenges that need to be addressed, particularly in relation to the appointment, promotion, and removal of judicial officers. To strengthen the judiciary and safeguard its independence and integrity, it is recommended to establish a Judicial Service Commission. This commission would oversee the appointment, promotion, and removal procedures, ensuring they are based on merit and transparency. Additionally, the study suggests that legislative solutions should be considered to review and provide clarity in the legal framework. This would help define the roles, responsibilities, and powers of the judiciary more precisely, contributing to a more robust and independent judiciary in Somalia.
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Dr Munazah Sultana and Dr Syed Abdul Ghaffar Bukhari. "The Role of the Judiciary in Upholding Constitutional Law and Human Rights: An Islamic Perspective." Al-Qamar 7, no. 2 (2024): 203–18. https://doi.org/10.53762/hqhqae50.
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This research explores the judiciary role in recognition of fundamental human rights, preservation of their civility and protection of laws. Government goals will better achieve by the standards developed by the judiciary in making people life easier, specifically in a context of Islamic teachings. Interpretation upon the comprehensive literature review, this study explores the relationship between the Government and the people and the international community through developing standards and laws in perception of Islam. Addressing the research question, “What role judiciary play in betterment of human’s life and as a guardian of the Constitution through embryonic standards and laws in Islamic perspective?” the study approaches the qualitative and analytical methodology. Data is collected through research, observations and studies conducted in Islamic communities and by the other scholars. The findings underscore the duties of the State and the rights of human by drafting limitation, preventions and equitable decisions. It delves into Islamic teachings influencing equitable enforcement of law and solidification of Human rights. It is further concluded that the State is obliged to constitute equal rights of freedom, democracy, social justice, tolerance equality of status as enunciated by Islam to ensure peace and protection in the country. It is recommended further to foster Islamic norms and values in judicial constitutions and policy makers for optimal protection of human rights and stability of political system.
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Horinov, P. V. "INTERNATIONAL STANDARDS FOR THE FORMATION OF THE CORPS OF JUDGES AS THE BASIS OF IMPROVING THE GUARANTEES OF INDEPENDENCE OF THE COURT AND JUDGES." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 52–56. http://dx.doi.org/10.15421/391993.
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The article is devoted to the general characterization of the international standards for the formation of the corps of judges and the corresponding administrative procedures as a basis for improving the guarantees of independence of the court and judges, to determine on this basis the key ways of introducing these standards into the domestic system of legislation in order to resolve specific and specific other issues. It is substantiated that it is expedient to organize the international standards of formation of the corps of judges in the context of guaranteeing the independence of the court and judges according to the criterion of the object of their influence. According to this criterion, standards were identified concerning: recruitment of judges; staffing the subject of appointment of judges to positions; training of judges; guarantees during the service. In the course of the study, it was determined that in order to specify the notion of substantial disciplinary misconduct as a circumstance, which makes it impossible to appoint a judge, it is advisable to amend the Law «Оn the Judiciary and Status of Judges»: to supplement part 4 of Article 69 with paragraph 2, in which to specify the notion of substantial discipline misdemeanor as a circumstance, which makes it impossible to appoint a judge; amend Article 69, paragraph 4, after the words «for committing a material disciplinary offense» by the words «except as provided in the second paragraph of this paragraph». There are two ways to implement international standards in the work of the judiciary on the formation of a corps ofjudges. The first is the transfer of some of the powers of the High Qualifications Commission of Judges of Ukraine (including the selection of judges to the post) to the competence of the High Council of Justice. In the other part of its authority, the High Qualifications Commission of Judges of Ukraine must remain in charge of the judicial self-government bodies. The second is the complete retention of the relevant powers under the High Qualifications Commission of Judges of Ukraine, leaving the issue of the formation of the High Qualifications Commission of Judges of Ukraine within the jurisdiction of judicial self-governing bodies. The first way is recommended. In the course of the research, it was determined that guarantees of independence of the judiciary are purely practical categories. Actually enshrining them in the legislation will not guarantee the independence of the judicial branch of power, and in particular − the independence of judges in the resolution of court cases. Such guarantees only work if they are actually secured.
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Mastracci, Matteo. "Judiciary Saga in Poland: an Affair Torn Between European Standards and ECtHR Criteria." Polish Review of International and European Law 9, no. 2 (2020): 39–79. http://dx.doi.org/10.21697/priel.2020.9.2.02.
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 Judicial independence is a cornerstone of contemporary constitutional systems within European legal orders that Poland, among many other European States, codified the principle at a constitutional level through Article 173 of the Constitution of the Republic of Poland. Nonetheless, the concrete implementation of the theoretical framework remains a bone of contention between the national States and the main international actors. The latter faction, based on the acknowledgement that no single political model could ideally comply with the principle of the separation of powers and secure complete independence of the judiciary, has developed an impressive number of legal tools that are part of a more diffuse European trend of interpretation, which should be labelled as European standard or European corpus aiming at preserving
 the judiciary order from outward interferences by the legislative and executive powers.
 In Poland, after the extensive victory earned by the Law and Justice (PIS) party in the Parliamentary election of 2015, the executive branch propelled a series of interlock reforms with the aim of reshuffling the whole
 judicial asset of the country. In the first place, the way forward was marked by a compound diatribe concerning the Constitutional Tribunal, and the essence of the dispute concerned the mandate’s legitimacy of three sitting judges after the Court’s reinterpretation of the K 34/15 ruling that ended up on 2.12.2015 with the election of five new judges appointed ex novo by the ruling party. Afterwards, the attention shifted towards the rethinking of the National Council of Judiciary (KRS), a mixed judicial body guardian of the independence of the judiciary, asserting, firstly, the unconstitutionality of its statute and, subsequently, planning a new method of appointment for the judicial members previously elected by the judiciary itself. Ultimately, as a closing step, the spotlight turned in the direction of the Supreme Courts judges, where the most spectacular sweep was the provision aimed at lowering the retirement age for the sitting judges on a scheme similar to the proposal made by the Hungarian government in 2011, where voices were raised, respectively, by the Hungarian Constitutional Court, the European Court of Justice and the European Court of Human Rights, and where, regretfully, the judicial independence standard played a minor role in the Courts’ reasoning. This concluding phase convinced the Commission to launch an expedited procedure against Poland before the Court of Justice, thus forcing the Polish government to retracts previous law through the adoption of a repealing law on 17.12.2018; in any event, as predicted earlier by the Opinion delivered by
 
 
 
 
 the AG Tanchev in Case C-619/18, the ECJ epilogue released on 24.6.2019, dissimilar to the one reached in the Hungarian case, was the heaviest ‘contrariness to EU law’.
 
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Hudyma, Vitaliy. "International Standards for the Formation of the Judiciary as a Basis for Improving the Guarantees of Independence of the Court and Judges in Ukraine." Path of Science 7, no. 5 (2021): 4011–20. http://dx.doi.org/10.22178/pos.70-9.
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The article covers the international standards and reveals their features in the context of the formation of the judiciary as a basis for improving the guarantees of independence of the court and judges. It is established that the reorganization of the judiciary will affect the relationship between the Supreme Council of Justice and the Supreme Qualification Commission of Judges of Ukraine. Ensuring the independence of the judiciary is currently one of the main priorities of this reorganization. It is determined that the main principles of independence of the judiciary and judges are legality, freedom of personal beliefs, in particular, a high level of legal awareness. It is established that one of the guarantees of the independence of the court and judges is the procedure of selecting candidates for the position of a judge. It was found out that a judge could not be subject to disciplinary action for a court decision that he had made, except in cases of a crime or disciplinary misconduct. It is proved that the main grounds for bringing a judge to disciplinary responsibility are: 1) cases of frequent reversal of court decisions made by a particular judge, based on the grounds of their illegality and/or unfoundedness; 2) non-compliance by a judge with the requirements of procedural decisions, which provide the basic principles of the tasks of court proceedings, or failure to take into account some evidence that is present in the case file during the trial and the relevant court decision. It is established that the international standards of formation of the corps of judges are divided into 1) standards that determine the procedure for selection of staff for the position of a judge; 2) standards that contain requirements for personnel applying for the position of a judge; 3) standards that define the features of the training of judges; 4) standards that define guarantees in the course of judges’ performance of their duties. It is proposed to identify areas of legal and organizational improvement of forming the judiciary in Ukraine as the prospects for further research in this direction.
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García García, Adriana, and Gianmarco Coronado Graci. "Reforma judicial en México : elección popular de jueces y el riesgo de captura institucional." Estudios: filosofía, historia, letras 23, no. 152 (2025): 165. https://doi.org/10.5347/01856383.0152.000314791.
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This article critically examines Mexico’s 2024 judicial reform, focusing on the implications of the popular election of judges, the reduction of judicial terms, the mass dismissal of judges, the politicization of the newly created Disciplinary Tribunal, and the linkage of judicial salaries to the executive branch. Through comparative and normative analysis, the paper explores the experiences of Bolivia and the United States in implementing systems of judicial elections, as well as international standards on judicial independence. The findings suggest that these institutional changes risk undermining the impartiality and autonomy of the judiciary, potentially facilitating its political capture. The study concludes with recommendations to mitigate these risks and ensure a balance between judicial democratization and the preservation of judicial independence.
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Llagami, Naureda. "Leadership in the Judiciary: Management and Administration Roles in the Justice System." Global Journal of Politics and Law Research 12, no. 2 (2024): 71–89. http://dx.doi.org/10.37745/gjplr.2013/vol12n27189.
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This paper explores the essential roles of management and administration in the judiciary, emphasizing the importance of leadership in these functions. It thoroughly discusses the relationship between judicial administration and the effective operation of courts, demonstrating how leadership is important for meeting current challenges such as technological advancements and increasing demands for transparency and judicial integrity. The research examines court administrators' wide-ranging responsibilities and emphasizes the critical role of competent leadership in ensuring the efficient and adaptable operation of courts. Through an analysis of international standards and practices across various jurisdictions, this paper identifies the key qualities and competencies that are essential for judicial leaders to effectively manage the complexities of modern judicial systems and ensure the rule of law.
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Sielski, Krzysztof. "“Frozen” Valorization of Judges’ Salaries in Poland in the Light of Europe Union Legal Standards." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 261–71. http://dx.doi.org/10.15804/ppk.2023.03.19.
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The material independence of judges is one of the essential guarantees of their independence and, at the same time, the proper functioning of the judiciary. Of course, one should not conclude from this that there is a simple relationship between independence and the material status of judges, nor should one presume a general prohibition on reducing judicial salaries. Undoubtedly, however, commensurate remuneration is permanently linked to the question of judicial independence. The aim of this article is to analyze premises of the permissibility of “freezing” adjustment of judges’ salaries in the light of international legal standards. The article is based on a specific factual situation, as in 2023, that basic salary adjustment for judges of common courts in Poland was “frozen” for the third year in a row.
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Wu Kai-Ming, Joshua. "A CONSTITUTIONAL RIGHT OF ACCESS TO INFORMATION IN MALAYSIA?" International Journal of Law, Government and Communication 8, no. 33 (2023): 135–43. http://dx.doi.org/10.35631/ijlgc.833011.
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At the time of writing, for all intents and purposes, Malaysia does not expressly and incontrovertibly acknowledge the right of access to information. This article seeks to argue that Malaysia should recognise such a right. This article explores how such a right would be consistent with international human rights standards, regional human rights standards, Malaysia’s Cabinet policy decision on 11th July 2018, and the Federal Government’s current freedom of information practices. This article also examines how the Judiciary has in the past indicated its openness to the existence and/or applicability of such a right within Malaysian jurisprudence. This article lastly looks into how the right of access to information can become a constitutional right in Malaysia by way of judicial recognition and/or constitutional amendment.
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Dolzhenkov, Oleksandr, Tetiana Pluhatar, and Serhii Lelet. "INTERNATIONAL AND EUROPEAN STANDARDS OF JUSTICE AND THEIR IMPLEMENTATION INTO UKRAINIAN ADMINISTRATIVE JUDICIARY." NAUKA I PRAVOOKHORONA 51, no. 1 (2021): 79–90. http://dx.doi.org/10.36486/np.2021.1(51).8.
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Tilley, Alison, and Zikhona Ndlebe. "Judical Appointments in South Africa." British Journal of American Legal Studies 10, no. 3 (2021): 457–78. http://dx.doi.org/10.2478/bjals-2021-0013.
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Abstract South Africa is widely regarded as a model of a constitutional democracy on the African continent. This is partly because of the progressive Constitution adopted in 1996 and the fact that the country has consistently managed to conduct democratic, free and fair elections since the end of apartheid in the early 1990s. The sustainability of South Africa's constitutional democracy rests on the ability of the judiciary to ensure compliance with the constitution. The competence and credibility of the judiciary hinge on the appointment of judges who are able to reflect the diversity of the country, act without fear or favor, and develop a jurisprudence which creates and deepens constitutionalism. Judicial independence is a key component of the credibility of the judiciary. The inconsistent application of norms and standards when selecting and appointing judges tends to undermine the credibility of the appointments process. The process of judicial selection and appointment in South Africa begins with the Judicial Service Commission (JSC) advertising the existing judicial vacancies. After that, the JSC shortlists candidates who are then interviewed. Following these interviews, the JSC shortlists candidates for possible appointment by the President. A review of the transcripts of interviews conducted by the JSC from April 2014 to October 2019 shows patterns of discrepancies in the types of questions which candidates vying for the same judicial position are required to answer. This Article explains the process followed by the JSC, and then identifies and analyzes the discrepancies in the process employed by the JSC. The Article then demonstrates the negative impact which the discrepancies have had on both the quality of the judicial selection process and the quality of candidates shortlisted for appointment. Furthermore, this Article makes recommendations on how South Africa can draw from international norms and standards as well as good practices from comparative jurisdictions, to enhance consistency and fairness in its judicial selection and appointments processes.
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Alfi Syahr, Zulfia Hanum. "CREATING A STANDARDIZED ASSESSMENT FOR COURT ACCREDITATION." Jurnal Hukum dan Peradilan 8, no. 1 (2019): 39. http://dx.doi.org/10.25216/jhp.8.1.2019.39-62.
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The improvement of court’s quality has been done through various efforts, one of them is an accreditation program. Before the implementation of internal accreditation policies, the courts under the Supreme Court had used ISO standards to maintain the service quality. Along with the development of judiciary innovations especially the dream toward the great judiciary, the Supreme Court has developed special accreditation standards for each judicial environment. General Court (Badilum) has implemented the Quality Assurance Accreditation (APM) programme in 7 assessment areas. Afterward, the Religious Courts (Badilag) in addition to 7 APM areas as in Badilum also applied 9 other assessment standards. Furthermore, the Military and Administration Agency (Badilmiltun) has 7 different accreditation assessment areas with Badilum and Badilag. The problem that will be examined is how to determine the ideal criteria for assessing court accreditation. Given that the ideal accreditation standard is not only improving the quality of court services but also being able to meet the needs and expectations of justice seekers, as indicated by the community satisfaction index. The court accreditation standard used today is the adoption of the International Framework of Court excellent (IFCE) and is adapted to the area of Bureaucratic Reform and the oversight function of the Supreme Court. The method of determining accreditation criteria is done by comparing court accreditation standards that have been used with the SERVQUAL model. The SERVQUAL model is an initial model that appears to measure service quality. The results of the study found that a number of court accreditation assessment standards has been represented the dimensions of service quality at SERVQUAL.
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Ishchenko, Olena. "REPRESENTATION OF THE COURT’S ACTIVITIES IN THE UKRAINIAN MEDIA." Dialog: media studios, no. 30 (December 13, 2024): 84–93. https://doi.org/10.18524/2308-3255.2024.30.318422.
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"Freedom of the media, which is an integral part of freedom of expression, is of utmost importance in a society based on the rule of law. However, this right is not absolute, especially in the area of judicial proceedings. This right must be balanced with other human rights, especially the right to a fair trial. This aspect is the main one in international standards of interaction between courts and media" [7], emphasize Liudmyla Opryshko and Liudmyla Pankratova in their manual ‘Fundamentals of Judicial Journalism’. When covering the activities of the judiciary, journalists have the right to disseminate information to the public without any obstacles from the court, unless this information is confidential. The media can inform the public not only when the case is completed and the court decision is made public, but also before the trial and during court hearings. At the same time, it is equally important that the media cover trials responsibly and do not go beyond the limits of what is permitted (adhere to neutrality, objectivity, impartiality, and use the correct terminology for the subject matter). This opinion is shared by researchers Liudmyla Opryshko and Liudmyla Pankratova, who emphasize that “one of the standards of interaction between courts and media in a democratic society is the principle that the media have the right and obligation to cover problematic issues in the field of justice, to criticize the activities of the judiciary. However, this criticism should be based on verified facts, and judges and judicial officers should be protected from unfounded accusations and generalizations” [7]. The article examines the interaction between the court and journalists, namely the representation of judicial issues in the Ukrainian media. The author analyzes how often the media write about the activities of the court, whether the authors of the materials adhere to the basic principles of judicial journalism and journalistic standards.
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Savytska, Natalya V. "ENSURING THE INTERNAL INDEPENDENCE OF ADMINISTRATIVE COURT JUDGES: SECURITY AND EDUCATION." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (2024): 75–81. http://dx.doi.org/10.32342/2709-6408-2024-1-8-8.
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The independence of the judiciary is a fundamental element in ensuring the rule of law and the effective functioning of the judicial system in a democratic society. However, the implementation of this principle often faces numerous challenges and requires constant improvement of the mechanisms for its realization. This article is dedicated to examining the key directions for optimizing the foundations of internal judicial independence in administrative courts in Ukraine, considering the current socio-political context and the realities of the judicial branch’s functioning. The study presents proposals for enhancing the measures to ensure the internal independence of the judiciary in Ukraine’s administrative courts. These proposals are based on a thorough analysis of systematized and summarized empirical data from annual reports on the state of adherence to the principle of judicial independence from 2017 to 2023, documentation from Transparency International Ukraine, and a critical examination of other analytical materials, judicial decisions of the High Qualification Commission of Judges, and normative acts of the High Council of Justice. One of the priority directions for improvement identified is the development of an institutional system for ensuring the protection and safety of judicial activity, especially under martial law. The important role of the Judicial Security Service in creating a secure environment for the independent administration of justice by the judiciary, free from external pressure and threats to life and health, is emphasized. The legal aspects of the administrative and legal status of this law enforcement body, its structural organization, the range of its powers, and the specifics of its activities in conditions of armed conflict are analysed. The second key direction for optimizing the foundations of internal judicial independence is identified as the institutional support of the judicial education system as an integral element in forming a highly professional, independent, and competent judiciary. The urgent problems and challenges in this field, as well as the conceptual role and practical activities of the National School of Judges of Ukraine in adapting training programs to the current realities of the judicial system’s functioning, particularly those related to the armed conflict and the implementation of international humanitarian law standards, are highlighted. The article emphasizes that only a comprehensive approach that combines institutional security measures for judges and high-quality judicial education can ensure the proper functioning of the judicial system and the full realization of the principle of internal judicial independence in Ukraine. Consistent efforts in these directions will contribute to establishing a high level of public trust in the judiciary and the rule of law in the state.
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Petrov, Vladan. "Judicial Reform in Serbia in Light of “the Venetian Concept” of the Rule of Law." Central European Journal of Comparative Law 4, no. 2 (2023): 233–57. http://dx.doi.org/10.47078/2023.2.233-257.
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This paper analyses the influence of the standards of the Venice Commission in the area of the rule of law in the course of Serbian judicial reforms. The author first “sketches” the constitutional “path” of the idea of judicial independence and the rule of law in Serbia. He derives an “extract” from the “jurisprudence” of the Venice Commission in the area of the rule of law, which refers to the standards of an independent judiciary summarised in a document called the Rule of Law Checklist. The normative framework, which has been set by the constitutional amendments from 2022 and judicial laws from 2023, is a positive step on the way to building a national rule of law that will be compatible with international standards. In the coming period, Serbia will face numerous external and internal challenges. The Commission points to the relatively weak material position of judges, the lack of interest of young lawyers in applying for judicial positions, the large gap between retiring judges and young people. The Commission particularly emphasises the importance of building a legal culture. The author considers that segment essential for the success of the process that has begun. The author underlines that the international standards of the rule of law must not have absolute supremacy vis-à-vis the real needs of their adaptation to the national political, legal and social environment of the country in question. It is necessary to strive for a dynamic balance that will, in the long term, provide the conditions for the rule of law of national content that confirms the generally accepted civilisational values and achievements of the international legal community. Every step in that process must be carefully thought out and undertaken
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Zlakoman, I. M., V. L. Honcharuk, and T. V. Babkova. "The role of judicial reform in building the rule of law in Ukraine." Analytical and Comparative Jurisprudence, no. 1 (March 1, 2025): 83–88. https://doi.org/10.24144/2788-6018.2025.01.12.
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The article provides a thorough study of the essential characteristics of the judiciary in the context of building the rule of law. It is emphasized that the judicial system plays a leading role in the formation and development of a democratic, legal and socially oriented statehood. The author analyzes the main theoretical approaches to understanding the concept of the judiciary and examines the transformations which have occurred in its functioning as a result of the judicial reform. The author emphasizes that the judiciary remains a central element in addressing the primary tasks faced by the rule-of-law State. Attention is paid to the current challenges faced by the modern judiciary in the context of its reform. The author outlines the risks which may potentially threaten the independence of the judiciary. Particular attention is paid to the problems of imbalance in determining the competence of courts and the procedure for appointing judges, which may pose threats to the legal functioning of the institution. The study emphasizes the need for a thorough review of the theoretical foundations and practical mechanisms of the judicial system in the context of interaction with other branches of public power. Particular emphasis is placed on the importance of ensuring the observance of fundamental human rights and freedoms based on the principles of the rule of law, as well as the adaptation and implementation of internationally recognized standards in the field of justice. In the context of current global and domestic challenges for nation states that have chosen the democratic path of development, such as Ukraine, maintaining the effective functioning of the judiciary is of critical importance. This implies not only institutional improvements, but also bringing the structural organization and procedures of the courts in line with the requirements of international law. The judicial reform in Ukraine deserves special attention as a key factor in the transformation of its legal system. Despite numerous initiatives to modernize the judicial system since independence, some of the problems that have been accumulated over the decades remain unresolved. They continue to face the justice system as complex barriers to qualitative changes and increasing public trust in judicial institutions.
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Yuvchytsia, O. V. "INTERNATIONAL AND EUROPEAN STANDARDS OF INDEPENDENCE AND IMPARTIALITY OF THE COURT IN CIVIL JUDICIARY." Actual problems of native jurisprudence, no. 2 (July 16, 2020): 48–51. http://dx.doi.org/10.15421/392041.
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Bondarenko, Olha, Maryna Utkina, Petro Malanchuk, Volodymyr Pakhomov, and Volodymyr Sukhonos. "Principle of application of the judge's internal beliefs under the conditions of international rules of evidence and corruption factors." Cuestiones Políticas 41, no. 77 (2023): 714–30. http://dx.doi.org/10.46398/cuestpol.4177.47.
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Using an interpretative methodology, the objective of the research was to analyze the most complex and subjective principles of justice: the principle of the judge's internal beliefs at the time of decision making under a system of democratic checks and balances. Definitely, the judiciary is an important element in ensuring the protection of human rights and the legitimacy of the supremacy of the law. The rusting of the judiciary inevitably leads to the gradation of basic constitutional provisions on the essence of the rule of law, as well as fundamental rights and freedoms. The principles of justice play a fundamental role in the administration of justice. The correct construction of the given principles is the key to proper and application of the law in accordance with legal and ethical standards. In this sense, it is concluded that the internal beliefs of the judge as a person authorized to execute justice, must be impartial, objective, consistent and independent. At the same time, the formulation of his "internal beliefs" still allows for subjectivity, since the criteria for the evaluation of evidence by the Court are described without detailing or standardizing the requirements of the judicial process.
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Al-Enizi, Ziad Kh, and Waleed Fouad Mahameed. "Protection of employees in international employment contracts." Journal of Governance and Regulation 12, no. 1 (2023): 75–81. http://dx.doi.org/10.22495/jgrv12i1art7.
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This study investigated the level of labor protection as per the international labor contract. Thus, the way applicable law is applied to international labor relations in Jordan and other Arab countries such as Kuwait and Bahrain, and Rome I Regulation were discussed (Council of the European Union, 2008). This was done to evaluate labor protection in Jordan compared to the other countries. Attempts were made to raise the problem, delineate the ongoing situation in Jordan, and suggest suitable solutions. The analytical method, and the survey of judiciary literature and relevant legal documents showed labor protection in Jordan is not suitable. This is because the Jordanian judiciary is contradictory regarding the interpretation of occurrences related to determining the applicable law, for there are no clear, explicit legal provisions in this regard. It was also suggested that the Jordanian legislator intervenes to protect the labor and provides legal regulations on the application of law. This study has provided the fertile soil for beneficiaries to enhance labor protection to make it conform to international standards, and for future research to aim at this purpose, and deal with labor rights in remote work or work performed in more than one country.
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Mirgorod-Karpova, V. V., and D. V. Murach. "International experience in the functioning of anti-corruption judiciary." Legal horizons, no. 26 (2021): 112–16. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p112.
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The article highlights the experience of foreign countries in organizing anti-corruption proceedings. In particular, the experience of countries such as Croatia, Bulgaria, Indonesia, Uganda, the Philippines and Slovakia was studied. The key features of regulating the activities of anticorruption courts are analyzed and the shortcomings of their activities are presented. The problem of corruption in Ukrainian society and the negative consequences it can lead to are highlighted. Thus, as of 2020, Ukraine ranks 117th in the world in the corruption perception index. This characterizes Ukraine as one of the most corrupt countries in Europe, and, at the same time, points to the cause of the crisis in society today. In our study, we analyzed key errors in determining the jurisdiction and organization of anti-corruption courts in foreign countries, which are likely to be repeated in Ukraine. Emphasis is placed on the relationship between the rating of a country's corruption perception index and the presence of an anti-corruption court in its judicial system. Thus, the authors emphasize the expediency of introducing the Supreme Anti-Corruption Court in Ukraine as a way to introduce European standards in Ukraine. At the same time, the article emphasizes the need to implement ways to overcome such shortcomings. Based on the fact that such courts are the most responsible - they also have very high risks. Thus, we propose a way to eliminate all possible risks by deriving the most optimal aspects of the organization of anti-corruption proceedings in foreign countries. The paper pays special attention to the structural change of the domestic model of combating corruption offenses. The introduction of foreign experience in Ukraine will create an effective state mechanism for detecting and combating corruption, which, in turn, will significantly improve not only the financial and economic situation of Ukraine, but also restore public confidence in the domestic legal system and public authorities.
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Razi Khademi, Fatemeh, Amir Iravanian, and Amir Paknahad. "Judicial Misconduct in the Context of Criminal Policy in Iran and the United States." Comparative Studies in Jurisprudence, Law, and Politics 5, no. 4 (2023): 94–111. http://dx.doi.org/10.61838/csjlp.5.4.8.
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he extraordinary power invested in the judiciary necessitates a high standard of conduct, a commitment to upholding the law, and performing duties in an impartial manner. Appropriate behavior both within and outside the courtroom is a fundamental requirement of judicial duty. As judicial power increases, there is a corresponding need to adhere to clear ethical standards. When there are violations of laws and behavioral standards, accountability and disciplinary proceedings are essential. The Iranian legislator, through the "Law on Supervision of Judges' Behavior," seeks to regulate judges' conduct by monitoring professional behavior and imposing preventive and strict disciplinary sanctions. However, in many instances, there are still legal ambiguities that severely question the independence of judges. In the United States, at both the federal and state levels, criminal policy—considering higher-level documents and adherence to international standard principles—addresses the criminalization and disciplinary response to judicial misconduct. During the investigation of judicial misconduct, the principle of judicial independence is respected, and efforts are made to maintain public trust in the judiciary by ensuring transparency in proceedings and avoiding confidentiality in the trial phase. It is observed that U.S. criminal policy in dealing with allegations of misconduct by federal judges, especially Supreme Court judges (but not regional judges), tends to be lenient and overlook certain issues. However, at the state level, stricter oversight prevails, and more diverse responses are implemented. In many cases where the misconduct is minor, the matter is addressed informally and privately. This approach could be considered by Iranian legislators. Additionally, adopting disciplinary sanctions with a reconciliatory approach rather than merely a punitive one in dealing with offending judges could be a positive step forward.