Loading...
Policy Position
Transparency International
Transparency International
Author(s)
Author(s) (Additional)
Illustrator(s)
Producer(s)
Contributor(s)
Contributor(s) (Other)
Editor(s)
Advisor(s)
Contact(s)
Data Collector(s)
Keywords
Collections
Files
Research Projects
Organizational Units
Journal Issue
Online Access
Abstract
"There are various models for promoting fair, merit-based judicial appointments, but very little agreement on precisely the best way to ensure a process that is free of inappropriate influence while still being accountable. In the civil law tradition, judges are generally selected through examination at a young age and previous professional experience plays a relatively minor role. The judicial corps is organised on a hierarchical pattern, according to which promotions are granted on criteria that combine seniority and merit. In the common law system, on the other hand, judges are typically selected from a body of experienced practicing lawyers. Once appointed, they are almost certain to remain until the mandatory age of retirement. Judges in these jurisdictions enjoy high social status, partly because of the power they exercise in making case law. At the centre of any appointment process should be an appointing body that acts independently of both the executive and the legislature and whose members are appointed in an objective and transparent process. It is essential that at all stages — from selection to nomination to appointment — a clear, objective criteria is used which aims at ascertaining the professional qualifications of candidates and predicts (as far as possible) their integrity and high professional standards on the bench. It is advisable that the recruitment process should be open in part to experienced professionals. In this way, the judicial corps will be enriched with solid experience and assessments of candidates will take into account previous work activity, as well as theoretical knowledge. 2. Involving legal practitioners and civil society in judicial appointments Authorities wanting to appoint judges from the bar should involve the heads of lawyers’ associations to ensure that appointees have clean practice records. In other contexts, representatives of lawyers’ associations — as well as civil society organisations such as those dedicated to judicial reform — can help limit unfair judicial appointments by enhancing the base of information upon which decisions are made. For example, these groups can be involved through their representation on bodies such as judicial service commissions."
Note(s)
Topic
Type
Preprint
Date
2007
Identifier
ISBN
DOI
Copyright/License
With permission of the license/copyright holder