First Study Commission: Questionnaire for the 2006 Meeting
First Study Commission Status of the Judiciary and Judicial Administration
QUESTIONNAIRE
HOW CAN THE APPOINTMENT AND ASSESSMENT (QUALITATIVE AND QUANTITATIVE) OF JUDGES
BE MADE CONSISTENT WITH THE PRINCIPLE OF JUDICIAL INDEPENDENCE
First Study Commission Status of the Judiciary and Judicial Administration
QUESTIONNAIRE
HOW CAN THE APPOINTMENT AND ASSESSMENT (QUALITATIVE AND QUANTITATIVE) OF JUDGES
BE MADE CONSISTENT WITH THE PRINCIPLE OF JUDICIAL INDEPENDENCE
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
2. Are there assessments on other occasions?
3. Who is in charge of the assessments?
4. Please describe how an assessment is conducted?
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
9. How are judges who sit in court assessed?
10. What are the consequences of these assessments?
11. Is there any connection between assessment and remuneration?
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
2. Are there assessments on other occasions?
3. Who is in charge of the assessments?
4. Please describe how an assessment is conducted?
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
9. How are judges who sit in court assessed?
10. What are the consequences of these assessments?
11. Is there any connection between assessment and remuneration?
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
AUSTRIA
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
On the occasion of applying for a new position, be it at higher court, be it another court of the same level, be it a special position at the same court like president of court the Personalsenat (commission composed of 5 judges), which is in charge to make a proposal to the President of the Republic (or the minister of justice) whom to appoint, has to make a ranking of the candidates. The criteria to decide who is the best appropriate candidate for the vacant position are fixed in the law: the knowledge of the law; the diligence, the reliability, the decisiveness, the behaviour in court, the ability o communication, and the success in the former position. The Personalsenat will use the last regular assessment (see question 2) and collect additional information. A hearing is possible but not compulsory.
2. Are there assessments on other occasions?
Yes there is an assessment of every judge after two years after the judge was appointed to a new position. There might be an extraordinary assessment if the president of the court or the judge asks for it, considering that the change of the performance of the judge will cause a change in the outcome of the assessment.
3. Who is in charge of the assessments?
The Personalsenat of the court, composed of the president of the court, the oldest vice-president and three judges elected by their peers. There is the possibility to appeal to the Personalsenat of the court of appeal.
4. Please describe how an assessment is conducted?
The Personalsenat collects information by asking the president of the court, the presiding judges of the chambers which deal with the remedies against the judgements of the judge, the controlling department of the court of appeal (Abteilung Innere Revision), looks at some statistics concerning the number of cases, with an exceptional duration period, sometimes looks at some of the files and finally gives a written statement with reasons and a final mark ranging from excellent to incapable.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Only insofar, as there is a look into the statistics if the judge has an remarkable different number of long pending cases, or judgements which have not been delivered within a certain time, comparing this figures with the number of new cases and the over all workload.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Insofar as the reports of the presiding judges of the chambers dealing with the remedies sometimes comment on the application of the procedural law, the way how reasons of judgement are given, how effective the judge deals with cases etc.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Only insofar as a special effectivity can be discovered, without harming the quality.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
As one of the aspects the number of long lasting cases is compared with the workload and with the performance of other judges.
9. How are judges who sit in court assessed?
See questions above.
10. What are the consequences of these assessments?
The assessments may be used, when the judge applies for another position, when the Personalsenat has to rank the applicants for the vacant position. If the overall assessment end with a mark less than good, there is an assessment for every following year, if the mark a judge is found as incapable during two periods following each other the judge will loose his office.
11. Is there any connection between assessment and remuneration?
No, except that to get from level 3 to level 4 in the remuneration scheme your performance must not be lower than average (within a scheme of 8 levels judges are promoted automatically form one level to the next every 4th year in office).
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, because it is performed by a panel of judges.
On the occasion of applying for a new position, be it at higher court, be it another court of the same level, be it a special position at the same court like president of court the Personalsenat (commission composed of 5 judges), which is in charge to make a proposal to the President of the Republic (or the minister of justice) whom to appoint, has to make a ranking of the candidates. The criteria to decide who is the best appropriate candidate for the vacant position are fixed in the law: the knowledge of the law; the diligence, the reliability, the decisiveness, the behaviour in court, the ability o communication, and the success in the former position. The Personalsenat will use the last regular assessment (see question 2) and collect additional information. A hearing is possible but not compulsory.
2. Are there assessments on other occasions?
Yes there is an assessment of every judge after two years after the judge was appointed to a new position. There might be an extraordinary assessment if the president of the court or the judge asks for it, considering that the change of the performance of the judge will cause a change in the outcome of the assessment.
3. Who is in charge of the assessments?
The Personalsenat of the court, composed of the president of the court, the oldest vice-president and three judges elected by their peers. There is the possibility to appeal to the Personalsenat of the court of appeal.
4. Please describe how an assessment is conducted?
The Personalsenat collects information by asking the president of the court, the presiding judges of the chambers which deal with the remedies against the judgements of the judge, the controlling department of the court of appeal (Abteilung Innere Revision), looks at some statistics concerning the number of cases, with an exceptional duration period, sometimes looks at some of the files and finally gives a written statement with reasons and a final mark ranging from excellent to incapable.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Only insofar, as there is a look into the statistics if the judge has an remarkable different number of long pending cases, or judgements which have not been delivered within a certain time, comparing this figures with the number of new cases and the over all workload.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Insofar as the reports of the presiding judges of the chambers dealing with the remedies sometimes comment on the application of the procedural law, the way how reasons of judgement are given, how effective the judge deals with cases etc.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Only insofar as a special effectivity can be discovered, without harming the quality.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
As one of the aspects the number of long lasting cases is compared with the workload and with the performance of other judges.
9. How are judges who sit in court assessed?
See questions above.
10. What are the consequences of these assessments?
The assessments may be used, when the judge applies for another position, when the Personalsenat has to rank the applicants for the vacant position. If the overall assessment end with a mark less than good, there is an assessment for every following year, if the mark a judge is found as incapable during two periods following each other the judge will loose his office.
11. Is there any connection between assessment and remuneration?
No, except that to get from level 3 to level 4 in the remuneration scheme your performance must not be lower than average (within a scheme of 8 levels judges are promoted automatically form one level to the next every 4th year in office).
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, because it is performed by a panel of judges.
BELGIQUE
1 - Les évaluations peuvent-elles être à l'origine de la nomination d'un juge à une autre fonction?
Dans le système belge, deux sortes d' évaluation existent :
1 - Les évaluations peuvent-elles être à l'origine de la nomination d'un juge à une autre fonction?
Dans le système belge, deux sortes d' évaluation existent :
a. La loi du 22 décembre 1998 a introduit dans le Code judiciaire belge un nouveau chapitre relatif à l'évaluation des magistrats. Il s'agissait d'une nouveauté, puisqu' auparavant aucune disposition légale n'établissait un système d'évaluation de la fonction de magistrat. Selon les travaux préparatoires, par la création d'un système d'évaluation, le but du législateur était d'instaurer un contrôle périodique de la qualité interne dans chaque juridiction (Doc. Parl. Chambre, 97-98, 1677/1, p. 22). Le régime d'évaluation des magistrats poursuit deux objectifs, à savoir:
1) identifier les disfonctionnements individuels des magistrats;
2) permettre une appréciation comparative des magistrats.
Les évaluations conformément à la loi du 22.12.1998 ne peuvent donc être à l' origine de la nomination d'un juge à une autre fonction.
b. Le second type d'évaluation concerne les mandats adjoints (1) et spécifiques (2) au sein de la magistrature. Ces évaluations ont lieu peu avant l'expiration du mandat. Le résultat de l'évaluation déterminera si le mandat d'un juge d'instruction ou d'un président de chambre - par exemple - peut être prolongé ou non.
Il est important que les évaluations en tant que telles demeurent internes à la magistrature. A cet effet, un collège d'évaluateurs est constitué par juridiction ou parquet. Il est également essentiel que l'évaluation ne puisse jamais porter sur le contenu d'une décision judiciaire, ce qui porterait atteinte à l'indépendance du pouvoir judiciaire. Cette évaluation n'affecte en aucun cas la nomination d'origine d'un juge.
Les systèmes officiels d' " évaluation " ne sont donc jamais à l'origine de la nomination à une autre fonction.
2 - Y-a-t-il évaluation pour d'autres raisons ?
Quand un juge postule pour une autre fonction, un dossier est constitué de différents avis et sur la base de ce dossier, le Conseil Supérieur de la Justice (CSJ) choisit le candidat le plus apte pour la fonction.
Quand un juge postule pour une autre fonction, un dossier est constitué de différents avis et sur la base de ce dossier, le Conseil Supérieur de la Justice (CSJ) choisit le candidat le plus apte pour la fonction.
3 - Qui est chargé de ces évaluations ?
Le ministère de la Justice demande un avis écrit sur chaque candidat aux personnes et aux autorités de son milieu de travail et du lieu où la place est vacante. Concrètement, il s'agit essentiellement des chefs de corps concernés; ou encore d'un représentant de l'ordre local des avocats. Le candidat reçoit toujours une copie des avis qui le concernent et peut réagir en adressant une lettre au Ministre de la Justice. Les dossiers de nomination complets sont ensuite transmis au Conseil Supérieur de la Justice. Là, ils sont confiés soit à la CND (Commission de Nomination et de Désignation) francophone soit à la CND néerlandophone, soit à la CND réunie (compétente lorsque le poste à pourvoir impose la connaissance du français et du néerlandais) La CND(R) dispose de quarante jours pour comparer les candidats entre eux en fonction de leurs mérites et de leurs compétences. La CND(R) doit entendre le (la) candidat(e) qui le demande. Cette procédure doit aboutir à la présentation d'un candidat déterminé - décision qui exige la majorité des deux tiers des membres de la CND(R). Si la CND(R) refuse de faire une présentation, la place est à nouveau déclarée vacante.Il incombe enfin au Roi (au Ministre de la Justice) de nommer formellement la personne présentée.
Le ministère de la Justice demande un avis écrit sur chaque candidat aux personnes et aux autorités de son milieu de travail et du lieu où la place est vacante. Concrètement, il s'agit essentiellement des chefs de corps concernés; ou encore d'un représentant de l'ordre local des avocats. Le candidat reçoit toujours une copie des avis qui le concernent et peut réagir en adressant une lettre au Ministre de la Justice. Les dossiers de nomination complets sont ensuite transmis au Conseil Supérieur de la Justice. Là, ils sont confiés soit à la CND (Commission de Nomination et de Désignation) francophone soit à la CND néerlandophone, soit à la CND réunie (compétente lorsque le poste à pourvoir impose la connaissance du français et du néerlandais) La CND(R) dispose de quarante jours pour comparer les candidats entre eux en fonction de leurs mérites et de leurs compétences. La CND(R) doit entendre le (la) candidat(e) qui le demande. Cette procédure doit aboutir à la présentation d'un candidat déterminé - décision qui exige la majorité des deux tiers des membres de la CND(R). Si la CND(R) refuse de faire une présentation, la place est à nouveau déclarée vacante.Il incombe enfin au Roi (au Ministre de la Justice) de nommer formellement la personne présentée.
4 - SVP, décrivez la procédure d'évaluation.
Voir 3.
Voir 3.
5 - L'évaluation a-t-elle un aspect quantitatif (ex : nombre d 'affaires jugées ; de dossiers) SVP décrivez la. Quels sont les éléments pris en compte ?
Sauf prestations insuffisantes claires au niveau de la quantité d' affaires traitées, l' aspect quantitatif proprement dit n' est pas pris en compte, puisque jusqu'à présent, il n' y pas de système objectif en Belgique pour " mesurer " la charge de travail.
6 - L'évaluation a-t-elle un caractère qualitatif (ex : quelqu'un évalue-t-il aussi bien le travail du juge que le nombre de ses tâches) ? SVP développez. Quels sont les éléments pris en compte ?
L'évaluation intermédiaire a incontestablement un caractère qualitatif. L'article 259 nonies du code judiciaire dispose en effet que : al. 3 : " L'évaluation périodique peut donner lieu à une mention " très bon ", " bon ", " suffisant ", " insuffisant ". L'évaluation des titulaires des mandats adjoints (1) et des mandats spécifiques (2) peut donner lieu à une mention " bon" ou " insuffisant" ". al. 4 : " L'évaluation porte sur la manière dont les fonctions sont exercées, à l'exception du contenu de toute décision judiciaire, et est effectuée sur la base de critères portant sur la personnalité ainsi que sur les capacités intellectuelles, professionnelles et organisationnelles ". Ces critères sont déterminés par le Roi, sur la proposition du Conseil Supérieur de la Justice (cf. A.R. du 20 juillet 2000. M.B. 02-08-2000, pp. 26510 et sv).
Les critères retenus pour l'évaluation périodique (un an après la prestation de serment dans la fonction et ensuite tous les 3 ans) des magistrats du siège sont les suivants :
A) Premier groupe : 1. Connaissances juridiques requises pour les matières traitées. 2. Efficience et efficacité dans le travail. 3. Aptitude à la communication et qualité d'expression. 4. Esprit de décision. 5. Ethique professionnelle.
B) Deuxième groupe: 1. Collégialité. 2. Maîtrise de soi.
C) Troisième groupe : 1. Intérêt pour une formation continue. 2. Faculté d'adaptation.
L' évaluation lors d'une postulation pour une autre fonction par contre, est basée sur les différents formulaires d'avis, à donner par différentes autorités qui peuvent être retrouvés à l' endroit suivant : http://www.hrj.be/FR/index.htm sous Activités > Formulaires d'avis
L' avis est notamment basé sur les données suivantes :a. Connaissance des règles de procédure : civile - pénale b. Qualité d'expression écrite et orale c. Esprit de décision d. Rendement : - type de prestations - travail qualitatif - travail quantitatif e. Accueil, écoute et communication à l'égard du justiciable f. Intérêt pour la recherche juridique et la formation g.Ponctualitéh. Ouverture d'esprit i. Faculté d'adaptation Plus l' avis est favorable, plus le candidat a de chance d' obtenir la présentation de la part du CSJ.
L'évaluation intermédiaire a incontestablement un caractère qualitatif. L'article 259 nonies du code judiciaire dispose en effet que : al. 3 : " L'évaluation périodique peut donner lieu à une mention " très bon ", " bon ", " suffisant ", " insuffisant ". L'évaluation des titulaires des mandats adjoints (1) et des mandats spécifiques (2) peut donner lieu à une mention " bon" ou " insuffisant" ". al. 4 : " L'évaluation porte sur la manière dont les fonctions sont exercées, à l'exception du contenu de toute décision judiciaire, et est effectuée sur la base de critères portant sur la personnalité ainsi que sur les capacités intellectuelles, professionnelles et organisationnelles ". Ces critères sont déterminés par le Roi, sur la proposition du Conseil Supérieur de la Justice (cf. A.R. du 20 juillet 2000. M.B. 02-08-2000, pp. 26510 et sv).
Les critères retenus pour l'évaluation périodique (un an après la prestation de serment dans la fonction et ensuite tous les 3 ans) des magistrats du siège sont les suivants :
A) Premier groupe : 1. Connaissances juridiques requises pour les matières traitées. 2. Efficience et efficacité dans le travail. 3. Aptitude à la communication et qualité d'expression. 4. Esprit de décision. 5. Ethique professionnelle.
B) Deuxième groupe: 1. Collégialité. 2. Maîtrise de soi.
C) Troisième groupe : 1. Intérêt pour une formation continue. 2. Faculté d'adaptation.
L' évaluation lors d'une postulation pour une autre fonction par contre, est basée sur les différents formulaires d'avis, à donner par différentes autorités qui peuvent être retrouvés à l' endroit suivant : http://www.hrj.be/FR/index.htm sous Activités > Formulaires d'avis
L' avis est notamment basé sur les données suivantes :a. Connaissance des règles de procédure : civile - pénale b. Qualité d'expression écrite et orale c. Esprit de décision d. Rendement : - type de prestations - travail qualitatif - travail quantitatif e. Accueil, écoute et communication à l'égard du justiciable f. Intérêt pour la recherche juridique et la formation g.Ponctualitéh. Ouverture d'esprit i. Faculté d'adaptation Plus l' avis est favorable, plus le candidat a de chance d' obtenir la présentation de la part du CSJ.
7 - Le nombre et/ou les résultats d 'affaires traitées par le juge jouent-ils un rôle au niveau de l'évaluation ? SVP, expliquez.
Le résultat des affaires traitées ne peut être pris en considération pour l'évaluation vu l'exception mentionnée ci-dessus, sub. 6 (<< ... à l'exception du contenu de toute décision judiciaire ... "). Il paraît cependant clair que si les décisions d'un juge étaient systématiquement réformées ou cassées, l'évaluation de sa compétence professionnelle en serait nécessairement affectée. Quant au nombre des affaires traitées, ce critère n'est pas retenu par la loi et paraît effectivement sans pertinence, vu la diversité des affaires, selon les matières attribuées à telle ou telle chambre ou juridiction.
Le résultat des affaires traitées ne peut être pris en considération pour l'évaluation vu l'exception mentionnée ci-dessus, sub. 6 (<< ... à l'exception du contenu de toute décision judiciaire ... "). Il paraît cependant clair que si les décisions d'un juge étaient systématiquement réformées ou cassées, l'évaluation de sa compétence professionnelle en serait nécessairement affectée. Quant au nombre des affaires traitées, ce critère n'est pas retenu par la loi et paraît effectivement sans pertinence, vu la diversité des affaires, selon les matières attribuées à telle ou telle chambre ou juridiction.
8 - Est-ce que la durée d'une affaire traitée par le juge est un élément pris en compte dans l'évaluation ? SVP, développez.
La durée des audiences de plaidoiries est évidemment sans incidence. Quant à la durée du délibéré, le code judiciaire (art. 770) la fixe en principe à un mois. Si un juge est systématiquement en retard dans le prononcé de ses jugements, il semble évident que cela pourra influencer son évaluation (cf. les critères " Efficience et efficacité dans le travail" et " Esprit de décision").
9 - Comment les juges qui siègent sont-ils évalués ?
Cf. réponses aux questions 3 à 8 ci-dessus
Cf. réponses aux questions 3 à 8 ci-dessus
10 - Quelles sont les conséquences de cette évaluation ?
Concernant l'évaluation périodique, l'article 360 quater du code judiciaire prévoit que si un magistrat a obtenu la mention " insuffisante ", cela entraîne la perte pendant 6 mois de la dernière majoration triennale de traitement, sans préjudice des conséquences sur le plan disciplinaire. Une nouvelle évaluation sera faite après six mois et si le magistrat n'obtient pas au moins la mention " bon", il subira la même perte de traitement pendant six nouveaux mois. Les autres mentions sont sans conséquence. Quant à l'évaluation des mandats spécifiques ou adjoints, l'obtention de la mention " insuffisant" entraîne la perte du mandat et des avantages financiers qui y sont, le cas échéant, liés. L'autre mention " bon" entraîne d'office le renouvellement du mandat.
Concernant l'évaluation périodique, l'article 360 quater du code judiciaire prévoit que si un magistrat a obtenu la mention " insuffisante ", cela entraîne la perte pendant 6 mois de la dernière majoration triennale de traitement, sans préjudice des conséquences sur le plan disciplinaire. Une nouvelle évaluation sera faite après six mois et si le magistrat n'obtient pas au moins la mention " bon", il subira la même perte de traitement pendant six nouveaux mois. Les autres mentions sont sans conséquence. Quant à l'évaluation des mandats spécifiques ou adjoints, l'obtention de la mention " insuffisant" entraîne la perte du mandat et des avantages financiers qui y sont, le cas échéant, liés. L'autre mention " bon" entraîne d'office le renouvellement du mandat.
11 - Existe-t-il un lien entre évaluation et rémunération ?
cf. réponse à la question 10 ci-dessus
cf. réponse à la question 10 ci-dessus
12 - Voyez-vous une atteinte à l'indépendance judiciaire dans l'évaluation des juges qui est faite dans votre pays ? SVP, expliquez.
Dans la mesure où l'évaluation des juges est effectuée en interne, c-à-d. au sein du pouvoir judiciaire, sans aucune intervention des autres pouvoirs, et où les conséquences de cette évaluation sont limitées, il ne paraît pas aux auteurs du présent rapport qu'elle mette en cause l'indépendance judiciaire ou y porte atteinte.
Dans la mesure où l'évaluation des juges est effectuée en interne, c-à-d. au sein du pouvoir judiciaire, sans aucune intervention des autres pouvoirs, et où les conséquences de cette évaluation sont limitées, il ne paraît pas aux auteurs du présent rapport qu'elle mette en cause l'indépendance judiciaire ou y porte atteinte.
Note 1: Les mandats adjoints sont les suivants: (art. 58 bis, 3° C.J.) : vice-président au tribunal de première instance, au tribunal du travail et au tribunal de commerce, premier substitut du procureur du Roi, premier substitut de l'auditeur du travail, président de chambre à la cour d'appel et à la cour du travail, premier avocat général et avocat général près la cour d'appel et la cour du travail, président et président de section à la Cour de cassation et premier avocat général près la Cour de cassation.
Note 2 : Les mandats spécifiques sont les suivants: (art. 58 bis, 4° C.J.) : juge d'instruction, juge au tribunal de la jeunesse, juge des saisies, juge d'appel de la jeunesse, magistrat d'assistance et magistrat fédéral.
Note 2 : Les mandats spécifiques sont les suivants: (art. 58 bis, 4° C.J.) : juge d'instruction, juge au tribunal de la jeunesse, juge des saisies, juge d'appel de la jeunesse, magistrat d'assistance et magistrat fédéral.
BRAZIL
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
In our system a judge can't be appointed for another function (for example, Justice Prosecutor). For a superior post in the judiciary hierarchy, there is assessment by the own tribunal that the judge is related, with fiscalization of the National Council of Justice.
2. Are there assessments on other occasions?
The magistrates are assessed permanently, through the analysis of their quantitative and qualitative production, by a institution of their own tribunal.
3. Who is in charge of the assessments?
Check the previous answers. Beside the "Corregedorias" of Justice, that the function is to do the analyses of the activity of the magistrates, there's in the top of the national judiciary pyramid, the National Council of Justice, that can revise administration acts of the courts.
4. Please describe how an assessment is conducted?
Assessments don't constitute a formal process. In promotions for superior post, the criterions are, alternately, the seniority in the career and the merit. For measure the merit never was found satisfactory objective criterions. However, it's necessary that the judge (1) combine the first fifth part of the seniority list, taking into account security, efficiency, jurisdiction exercise, frequency and progress in recognized improvement courses.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Every month the judges fill statistics maps with the quantity of lawsuit that were admissioned and judged by him, number of achieved sentences, witness that were questioned, achieved session (audience), etc. These subjects are considered for the assessment.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. The quality of the decisions is considered. However, the contents by it's self is not, because the analysis of the case is done based in judge conscientiousness and in the analysis of the legal system. The quality of the legal security is take into consideration. But, there aren't concise facts about this. The way that the aspects of judicial activity are assessed is very subjective, what imply in a concern about internal independence of the magistrates related to some courts.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Check number five answer.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Usually, yes. However, certainly there are cases that because it's nature, demand more delay in the process instruction, what is take into consideration. In other words, what is considered, in the negative aspect, is the eventual disregard of the judge in the conduction in some process.
9. How are judges who sit in court assessed?
The judges sit in court are assessed first for their own tribunal. This assessment had been insufficient. Nowadays, the National Council of Justice can be provoked to review this assessments or do it ex officio. The existence of the National Justice Council is very recent in Brazil. So, that assessment can't be appreciated in a critical way, yet.
10. What are the consequences of these assessments?
Check the previous answer.
11. Is there any connection between assessment and remuneration?
No, the only connection is indirect. That means that depends of the judge promotion to a better post in the judicial career.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
In some tribunals, some times, the subjectives aspects of promotions for superiors posts in the judicial career, give space to the repudiation of more independence judges related to their own tribunal, and to the benefit of more submissives judges in the positions of the tribunal. In Brazil, aspects of internal independence of judges related to their tribunals are some times more serious than the external independence, which is institutionally consolidated.
In our system a judge can't be appointed for another function (for example, Justice Prosecutor). For a superior post in the judiciary hierarchy, there is assessment by the own tribunal that the judge is related, with fiscalization of the National Council of Justice.
2. Are there assessments on other occasions?
The magistrates are assessed permanently, through the analysis of their quantitative and qualitative production, by a institution of their own tribunal.
3. Who is in charge of the assessments?
Check the previous answers. Beside the "Corregedorias" of Justice, that the function is to do the analyses of the activity of the magistrates, there's in the top of the national judiciary pyramid, the National Council of Justice, that can revise administration acts of the courts.
4. Please describe how an assessment is conducted?
Assessments don't constitute a formal process. In promotions for superior post, the criterions are, alternately, the seniority in the career and the merit. For measure the merit never was found satisfactory objective criterions. However, it's necessary that the judge (1) combine the first fifth part of the seniority list, taking into account security, efficiency, jurisdiction exercise, frequency and progress in recognized improvement courses.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Every month the judges fill statistics maps with the quantity of lawsuit that were admissioned and judged by him, number of achieved sentences, witness that were questioned, achieved session (audience), etc. These subjects are considered for the assessment.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. The quality of the decisions is considered. However, the contents by it's self is not, because the analysis of the case is done based in judge conscientiousness and in the analysis of the legal system. The quality of the legal security is take into consideration. But, there aren't concise facts about this. The way that the aspects of judicial activity are assessed is very subjective, what imply in a concern about internal independence of the magistrates related to some courts.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Check number five answer.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Usually, yes. However, certainly there are cases that because it's nature, demand more delay in the process instruction, what is take into consideration. In other words, what is considered, in the negative aspect, is the eventual disregard of the judge in the conduction in some process.
9. How are judges who sit in court assessed?
The judges sit in court are assessed first for their own tribunal. This assessment had been insufficient. Nowadays, the National Council of Justice can be provoked to review this assessments or do it ex officio. The existence of the National Justice Council is very recent in Brazil. So, that assessment can't be appreciated in a critical way, yet.
10. What are the consequences of these assessments?
Check the previous answer.
11. Is there any connection between assessment and remuneration?
No, the only connection is indirect. That means that depends of the judge promotion to a better post in the judicial career.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
In some tribunals, some times, the subjectives aspects of promotions for superiors posts in the judicial career, give space to the repudiation of more independence judges related to their own tribunal, and to the benefit of more submissives judges in the positions of the tribunal. In Brazil, aspects of internal independence of judges related to their tribunals are some times more serious than the external independence, which is institutionally consolidated.
BULGARIA
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Yes. The judges are appointed after having successfully passed competitive written and oral exams.
2. Are there assessments on other occasions?
Yes. Judges are assessed on achieving status of irremovability and on being promoted for a higher rank or office.
3. Who is in charge of the assessments?
The Supreme Judicial Council is in charge of all judicial assessments according to the Constitution.
4. Please describe how an assessment is conducted?
The assessment procedure starts with an evaluation of the work of the respective judge in connection with the cases distributed for him / her to decide. The evaluation is enclosed with a statement of the administrative head of the respective court. If the assessment is on the occasion of promotion in rank or office and removal in another court, the judge has to pass a competitive exam. To achieve status of irremovability the law requires assessment for a longer period of time. An instruction is forthcoming establishing novel and numerous requirements.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
In the assessment procedure every aspect of the judicial conduct is taken into account. However, the most important is the number of cases undertaken and the results of the appeals.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. In the assessment procedure the legal complexity of the cases decided is taken into account, as well as the ratio between the cases approved by the higher instances and the total number of cases decided.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. The assessment counts the work-loading of every judge.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes. The assessment counts the number of times and the grounds the case has been delayed, as well as the responsible person and the sanctions, if any, imposed on parties for having caused ungrounded delay. For failure to follow the law on these matters judges bear disciplinary liability.
9. How are judges who sit in court assessed?
All judges sit in court and are assessed under the same procedure.
10. What are the consequences of these assessments?
If the assessment procedure ends with a positive evaluation, the judge achieves status of irremovability and remains to work within the system; or, depending on the proposal, is promoted to a higher rank or office. If not, he / she is expelled, if he / she is not irremovable, and is denied promotion, if is.
11. Is there any connection between assessment and remuneration?
No, there is no such connection.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, on the contrary. This would even lead to greater discipline among judges and higher successiveness, respectively improvement of the public confidence within the judicial profession and institutions.
Yes. The judges are appointed after having successfully passed competitive written and oral exams.
2. Are there assessments on other occasions?
Yes. Judges are assessed on achieving status of irremovability and on being promoted for a higher rank or office.
3. Who is in charge of the assessments?
The Supreme Judicial Council is in charge of all judicial assessments according to the Constitution.
4. Please describe how an assessment is conducted?
The assessment procedure starts with an evaluation of the work of the respective judge in connection with the cases distributed for him / her to decide. The evaluation is enclosed with a statement of the administrative head of the respective court. If the assessment is on the occasion of promotion in rank or office and removal in another court, the judge has to pass a competitive exam. To achieve status of irremovability the law requires assessment for a longer period of time. An instruction is forthcoming establishing novel and numerous requirements.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
In the assessment procedure every aspect of the judicial conduct is taken into account. However, the most important is the number of cases undertaken and the results of the appeals.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. In the assessment procedure the legal complexity of the cases decided is taken into account, as well as the ratio between the cases approved by the higher instances and the total number of cases decided.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. The assessment counts the work-loading of every judge.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes. The assessment counts the number of times and the grounds the case has been delayed, as well as the responsible person and the sanctions, if any, imposed on parties for having caused ungrounded delay. For failure to follow the law on these matters judges bear disciplinary liability.
9. How are judges who sit in court assessed?
All judges sit in court and are assessed under the same procedure.
10. What are the consequences of these assessments?
If the assessment procedure ends with a positive evaluation, the judge achieves status of irremovability and remains to work within the system; or, depending on the proposal, is promoted to a higher rank or office. If not, he / she is expelled, if he / she is not irremovable, and is denied promotion, if is.
11. Is there any connection between assessment and remuneration?
No, there is no such connection.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, on the contrary. This would even lead to greater discipline among judges and higher successiveness, respectively improvement of the public confidence within the judicial profession and institutions.
CANADA
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
No. There is an informal assessment of potential competence during the process for selection of new judges from among the members of the Bar. The applicant must submit letters of recommendation, many of which may comment on his or her capacity as a lawyer. These applications are considered by a committee which is chaired by a judge and which contains representatives of various lawyers groups ( the law society, the Canadian Bar association) as well as lay persons. That committee makes recommendations to the Minister of Justice as to which applicants should be considered for appointment. Anticipated competence as judges based on competence as lawyers is the primary issue addressed by these committees when making recommendations for appointment.
There is limited opportunity for advancement once one becomes a judge. Primarily those opportunities are limited to the possibility of elevation to a court of appeal or nomination as chief justice. There is no formal mechanism in place for assessment of judges who are candidates for elevation although the Minister of Justice no doubt makes informal inquiries in that regard.
2. Are there assessments on other occasions?
There are no formal assessments of competence or performance after appointment. There are three primary methods of informal assessment of competence which occur on an ongoing basis: first, review by the Court of Appeal in the context of individual judgements which become the subject of appeal, second, review by the judge's Chief Justice in the context of a particular problem or issue noted by the chief justice or the judges' colleagues and, third, review in the media ( nothing the media says or does binds the judge in any way but negative press can have a very sobering effect). This is independent of any review of conduct which occurs through the discipline process and which relates to complaints of a judge acting in an unethical manner.
3. Who is in charge of the assessments?
Not applicable.
4. Please describe how an assessment is conducted?
Not applicable.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Not applicable.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Not applicable.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Not applicable.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Not applicable.
9. How are judges who sit in court assessed?
Not applicable.
10. What are the consequences of these assessments?
The consequences of the informal assessments referred to above depend on the context. There may be assignment consequences for a judge who ignores the advise or suggestions of a Chief Justice ie. the Chief Justice may limit the judges' future assignments to areas where competence problems have not been identified. If this occurs the judge may become aware of it only over time, and informally. There is not any formal record made of the problem or the result.
11. Is there any connection between assessment and remuneration?
None. All judges are paid the same except for Associate Chief Justices, Chief Justices and Judges of the Supreme Court of Canada, each of whom is paid the same as others in that group.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
No. There is an informal assessment of potential competence during the process for selection of new judges from among the members of the Bar. The applicant must submit letters of recommendation, many of which may comment on his or her capacity as a lawyer. These applications are considered by a committee which is chaired by a judge and which contains representatives of various lawyers groups ( the law society, the Canadian Bar association) as well as lay persons. That committee makes recommendations to the Minister of Justice as to which applicants should be considered for appointment. Anticipated competence as judges based on competence as lawyers is the primary issue addressed by these committees when making recommendations for appointment.
There is limited opportunity for advancement once one becomes a judge. Primarily those opportunities are limited to the possibility of elevation to a court of appeal or nomination as chief justice. There is no formal mechanism in place for assessment of judges who are candidates for elevation although the Minister of Justice no doubt makes informal inquiries in that regard.
2. Are there assessments on other occasions?
There are no formal assessments of competence or performance after appointment. There are three primary methods of informal assessment of competence which occur on an ongoing basis: first, review by the Court of Appeal in the context of individual judgements which become the subject of appeal, second, review by the judge's Chief Justice in the context of a particular problem or issue noted by the chief justice or the judges' colleagues and, third, review in the media ( nothing the media says or does binds the judge in any way but negative press can have a very sobering effect). This is independent of any review of conduct which occurs through the discipline process and which relates to complaints of a judge acting in an unethical manner.
3. Who is in charge of the assessments?
Not applicable.
4. Please describe how an assessment is conducted?
Not applicable.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Not applicable.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Not applicable.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Not applicable.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Not applicable.
9. How are judges who sit in court assessed?
Not applicable.
10. What are the consequences of these assessments?
The consequences of the informal assessments referred to above depend on the context. There may be assignment consequences for a judge who ignores the advise or suggestions of a Chief Justice ie. the Chief Justice may limit the judges' future assignments to areas where competence problems have not been identified. If this occurs the judge may become aware of it only over time, and informally. There is not any formal record made of the problem or the result.
11. Is there any connection between assessment and remuneration?
None. All judges are paid the same except for Associate Chief Justices, Chief Justices and Judges of the Supreme Court of Canada, each of whom is paid the same as others in that group.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
CROATIA
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
There is no formal assessment procedure. Judge can be appointed only to a position within Ministry of Justice as Minister, deputy minister or assistant minister or as a counsellor in the Ministry of Justice. In that case there is no any assessment of his/hers work.
There is no formal assessment procedure. Judge can be appointed only to a position within Ministry of Justice as Minister, deputy minister or assistant minister or as a counsellor in the Ministry of Justice. In that case there is no any assessment of his/hers work.
2. Are there assessments on other occasions?
In Croatia work of a judge is assessed by Council of Judges. That body exists in Courts of Appeal. Members of that body are elected by all judges for a term of four years.
In Croatia work of a judge is assessed by Council of Judges. That body exists in Courts of Appeal. Members of that body are elected by all judges for a term of four years.
In Supreme Court General Assembly of all judges of Supreme Court are members of Council of Judges for Supreme Court for that Court.
Performance of a judge is assessed when he/she is appointed for life (first appointment is for a term of five years), when there is a vacancy at a higher judicial post, and when a judge is a candidate for a position of the president of the court the judges who are eligible are assessed to select the most suitable candidate.
3. Who is in charge of the assessments?
See answer no.2.
See answer no.2.
4. Please describe how an assessment is conducted?
Council of judges of Supreme Court together with presidents of Council of Judges of Court of Appeal delivered "Methodology to assess judge's performance.That document sets principles how judges have to be assessed.
According to these principles Council of Judges can define performance of judge as: 1. Judge is performing extraordinary his/hers duties, 2. Judge is performing successfully his/hers duties, 3. Judge is performing his/hers duties in satisfactory manner, 4. Judge is not fulfilling his/hers duties in satisfactory manner.
Before delivering assessment of judge's work Council of Judges has to take in account facts stated in Ruling delivered by President of Court for each year in service. In that Ruling it is stated:
Council of judges of Supreme Court together with presidents of Council of Judges of Court of Appeal delivered "Methodology to assess judge's performance.That document sets principles how judges have to be assessed.
According to these principles Council of Judges can define performance of judge as: 1. Judge is performing extraordinary his/hers duties, 2. Judge is performing successfully his/hers duties, 3. Judge is performing his/hers duties in satisfactory manner, 4. Judge is not fulfilling his/hers duties in satisfactory manner.
Before delivering assessment of judge's work Council of Judges has to take in account facts stated in Ruling delivered by President of Court for each year in service. In that Ruling it is stated:
- does judge delivers number of decisions which he/she should deliver according to Criteria on quantitative performance of a judge,
- is judge respecting time limits in delivering decisions ,
- how many decisions have been rejected by higher court in appeal procedure in relation with number of all decisions which were delivered by a particular judge in one year,
- did judge participate in any forms of education as participant or lecturer,
- other activities of a judge.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The number of cases completed by each judge is monitored on a monthly basis for statistical reasons, and on yearly basis for assessment (sees answer 4)and is a factor taken into consideration. However more weight is attached to quality than quantity.
The number of cases completed by each judge is monitored on a monthly basis for statistical reasons, and on yearly basis for assessment (sees answer 4)and is a factor taken into consideration. However more weight is attached to quality than quantity.
In Croatia there is not ruling or bylaw which would set up how many cases should be solved by a each judge in one year. So there are not norms in strict sense. But in other hand Minister of Justice has a right to deliver Criteria, upon previous not biding Opinion of Supreme Court, about how many judges should be in each court. Number of judges is derivate from precept how many cases should be workload of a single judge in particular court ( first instance, court of appeal etc.) That workload is then used as a acceptable "norm" for each judge according to type of cases and field of law.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
See 5 above
See 5 above
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See 4. and 5. above
See 4. and 5. above
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
No for time being.
No for time being.
9. How are judges who sit in court assessed?
See 4. and 5. above.
See 4. and 5. above.
10. What are the consequences of these assessments?
A judge who is assessed favourably may be promoted to a more senior post if there is vacancy and judge applies for a post. Body responsible for appointment and promotion of judges is State Judicial Council consisted of 7 judges, 2 professors from Faculty of Law and two lawyers.
A judge who is assessed favourably may be promoted to a more senior post if there is vacancy and judge applies for a post. Body responsible for appointment and promotion of judges is State Judicial Council consisted of 7 judges, 2 professors from Faculty of Law and two lawyers.
11. Is there any connection between assessment and remuneration?
No.
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
It is not possible to give plain and simple answer to this question.Considering that Council of judges is doing that assessment, and that judge has right to object to the Panel of five judges of Supreme Court independence of a judge is preserved.
It is not possible to give plain and simple answer to this question.Considering that Council of judges is doing that assessment, and that judge has right to object to the Panel of five judges of Supreme Court independence of a judge is preserved.
On other side, as quality of work is assessed on number of cases rejected by higher court there is real possibility that judges will follow case law of higher courts without creative criticism to avoid rejection of their judgments.
CYPRUS
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
There is no formal assessment procedure. The work of each judge is continuously assessed by the Judicial Council (see 3 below). In our system a Judge cannot be assigned to another function (e.g. prosecutor) but he/she may be assigned to different judicial duties from time to time (eg. from criminal court to civil court and vice versa).
2. Are there assessments on other occasions?
See 1 above. Also when there is a vacancy at a higher judicial post the judges who are eligible are assessed to select the most suitable candidate.
3. Who is in charge of the assessments?
The Supreme Judicial Council, which comprises of the 13 Judges of the Supreme Court. This body is responsible for the appointment and promotion of judges to all the courts except the Supreme Court.
4. Please describe how an assessment is conducted?
The assessment is not a formal process. It is understood that the Supreme Judicial Council evaluate the performance of each judge from time to time. Because of the small number of judges in Cyprus, the Supreme Court Judges are well aware of the work of each judge.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The number of cases completed by each judge is monitored on a monthly basis and is a factor taken into consideration. However more weight is attached to quality than quantity.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
See 5 above
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See 5 above
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The time between the end of a trial and the delivery of the judgment is monitored and must not exceed 6 months for the main trial and 2 months for applications.
9. How are judges who sit in court assessed?
In Cyprus all judges sit in court.
10. What are the consequences of these assessments?
A judge who is assessed favourably may be promoted to a more senior post in preference to a judge with longer service.
11. Is there any connection between assessment and remuneration?
No, but if a judge is promoted to a higher post he receives higher remuneration.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, because the assessment is made by the Supreme Judicial Council, which consists of judges.
There is no formal assessment procedure. The work of each judge is continuously assessed by the Judicial Council (see 3 below). In our system a Judge cannot be assigned to another function (e.g. prosecutor) but he/she may be assigned to different judicial duties from time to time (eg. from criminal court to civil court and vice versa).
2. Are there assessments on other occasions?
See 1 above. Also when there is a vacancy at a higher judicial post the judges who are eligible are assessed to select the most suitable candidate.
3. Who is in charge of the assessments?
The Supreme Judicial Council, which comprises of the 13 Judges of the Supreme Court. This body is responsible for the appointment and promotion of judges to all the courts except the Supreme Court.
4. Please describe how an assessment is conducted?
The assessment is not a formal process. It is understood that the Supreme Judicial Council evaluate the performance of each judge from time to time. Because of the small number of judges in Cyprus, the Supreme Court Judges are well aware of the work of each judge.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The number of cases completed by each judge is monitored on a monthly basis and is a factor taken into consideration. However more weight is attached to quality than quantity.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
See 5 above
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See 5 above
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The time between the end of a trial and the delivery of the judgment is monitored and must not exceed 6 months for the main trial and 2 months for applications.
9. How are judges who sit in court assessed?
In Cyprus all judges sit in court.
10. What are the consequences of these assessments?
A judge who is assessed favourably may be promoted to a more senior post in preference to a judge with longer service.
11. Is there any connection between assessment and remuneration?
No, but if a judge is promoted to a higher post he receives higher remuneration.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, because the assessment is made by the Supreme Judicial Council, which consists of judges.
DENMARK
The Constitution.
The principle of division of power, the executive power, the legislative power and the Judiciary is consilidated in the Danish Constition.
Accordding to act. 61 and 62 in the Danish Constitution the judicial power shall be regulated by law alone and the administration and justice shall be separated from government services at all times. Article 64 of the Constitution secures judges against intervention in the exercise of the judicial function (judicial independence) and provides judges with a special protection against removal and transfer (personal independence).
The Court Administration.
The Danish Judiciary has got its own administrative system. The Danish Court Administration is an independent state institution with its own Board of directors and a managing director. The Minister of Justice has no authority to instruct the administration. The AB is responsible for making proposals for the budget and administrative procedures.
The Courts.
The ordinary courts are the Supreme Court, the High Courts and the City and Town Courts as well as the Maritime and Commercial Court i Copenhagen.
There are by July 1.th 2006 339 Danish judges: 19 judges in the Supreme Court, 65 judges in the Eastern High Court, 36 judges in the Western High Court and 210 judges in the City and Town Courts. By January 1.th the number of judges in the City and Town Courts will be enlarged to 233.
Recruitment and appointment of judges.
Persuant to section 42(3) of the Danish Admistration of Justice Act the requirement for appointment to a judgeship is that the person in question is a graduate of law.
Persuant to the same Act the recruitment of judges shall secure that the profesional background of all levels of the judicial system is comprehensive and broad. This shall be achieved by attaching persons with insight and experience from different legal fields, including persons with different approaches to the solution of legal problems to the court so that the corps of judges have a broad composition.
It will usually be a condition for being appointed City or Town Court judge and High Court judge that the person in question has served as an acting judge in one of the High Courts.
The large majority of Danish judges have their legal background in two career patterns. One is through appointment usually at a young age as a deputy judge and training through service with different Town Courts and with the High Court with the possibility of supplementing the training outside the courts through rota schemes. The other is through a career in the Ministry of Justice supplemented with i.a. periodical work as a deputy judge.
During the last years more Advocates have due to the broader recruitment set forward in the Adminisitration of Justice Act been appointed as judges.
Danish Judges are appointed by the Minister of Justice made on recommandation by an independant body - the Judicial Appointment Council.
The Jucicial Appointment Council is composed by a Suprema Court Judge, a High Court judge, a City and Town Court judge, an Advokate and two representatives of the public.
The competence of the Council covers all judicial offices, apartfrom the position of President of The Supreme Court.
The principle of division of power, the executive power, the legislative power and the Judiciary is consilidated in the Danish Constition.
Accordding to act. 61 and 62 in the Danish Constitution the judicial power shall be regulated by law alone and the administration and justice shall be separated from government services at all times. Article 64 of the Constitution secures judges against intervention in the exercise of the judicial function (judicial independence) and provides judges with a special protection against removal and transfer (personal independence).
The Court Administration.
The Danish Judiciary has got its own administrative system. The Danish Court Administration is an independent state institution with its own Board of directors and a managing director. The Minister of Justice has no authority to instruct the administration. The AB is responsible for making proposals for the budget and administrative procedures.
The Courts.
The ordinary courts are the Supreme Court, the High Courts and the City and Town Courts as well as the Maritime and Commercial Court i Copenhagen.
There are by July 1.th 2006 339 Danish judges: 19 judges in the Supreme Court, 65 judges in the Eastern High Court, 36 judges in the Western High Court and 210 judges in the City and Town Courts. By January 1.th the number of judges in the City and Town Courts will be enlarged to 233.
Recruitment and appointment of judges.
Persuant to section 42(3) of the Danish Admistration of Justice Act the requirement for appointment to a judgeship is that the person in question is a graduate of law.
Persuant to the same Act the recruitment of judges shall secure that the profesional background of all levels of the judicial system is comprehensive and broad. This shall be achieved by attaching persons with insight and experience from different legal fields, including persons with different approaches to the solution of legal problems to the court so that the corps of judges have a broad composition.
It will usually be a condition for being appointed City or Town Court judge and High Court judge that the person in question has served as an acting judge in one of the High Courts.
The large majority of Danish judges have their legal background in two career patterns. One is through appointment usually at a young age as a deputy judge and training through service with different Town Courts and with the High Court with the possibility of supplementing the training outside the courts through rota schemes. The other is through a career in the Ministry of Justice supplemented with i.a. periodical work as a deputy judge.
During the last years more Advocates have due to the broader recruitment set forward in the Adminisitration of Justice Act been appointed as judges.
Danish Judges are appointed by the Minister of Justice made on recommandation by an independant body - the Judicial Appointment Council.
The Jucicial Appointment Council is composed by a Suprema Court Judge, a High Court judge, a City and Town Court judge, an Advokate and two representatives of the public.
The competence of the Council covers all judicial offices, apartfrom the position of President of The Supreme Court.
FRANCE
1 - Les évaluations peuvent-elles être à l'origine de la nomination d'un juge à une autre fonction ?
Le Ministre de la Justice propose au Conseil Supérieur de la Magistrature (CSM) une liste des magistrats qu'il entend voire nommer aux différents postes, tant du siège que du parquet.
Le CSM examine l'ensemble des dossiers des personnes proposées, de même que les dossiers des personnes qui, n'ayant pas été proposées, effectuent des réclamations.
Figure dans ces dossiers l'ensemble des évaluations du magistrat depuis le début de sa carrière.
Le CSM pour donner son avis se détermine donc en fonction des évaluations écrites (voire pour les postes de chefs de juridiction et chefs de Cour après audition).
Il donne un avis conforme pour les magistrats du siège (en l'absence d'avis conforme, le Ministre ne peut nommer le candidat qu'il a proposé). Il donne un avis favorable ou défavorable que le Ministre n'est pas obligé de suivre pour les magistrats du parquet.
Le Ministre de la Justice propose au Conseil Supérieur de la Magistrature (CSM) une liste des magistrats qu'il entend voire nommer aux différents postes, tant du siège que du parquet.
Le CSM examine l'ensemble des dossiers des personnes proposées, de même que les dossiers des personnes qui, n'ayant pas été proposées, effectuent des réclamations.
Figure dans ces dossiers l'ensemble des évaluations du magistrat depuis le début de sa carrière.
Le CSM pour donner son avis se détermine donc en fonction des évaluations écrites (voire pour les postes de chefs de juridiction et chefs de Cour après audition).
Il donne un avis conforme pour les magistrats du siège (en l'absence d'avis conforme, le Ministre ne peut nommer le candidat qu'il a proposé). Il donne un avis favorable ou défavorable que le Ministre n'est pas obligé de suivre pour les magistrats du parquet.
2 - Y-a-t-il évaluation pour d'autres raisons ?
Les évaluations sont faites tous les deux ans. Mais l'évaluation est annuelle en cas de présentation au tableau d'avancement (passage du second grade au premier grade : de juge à vice président ou de substitut à vice procureur).
Les évaluations sont faites tous les deux ans. Mais l'évaluation est annuelle en cas de présentation au tableau d'avancement (passage du second grade au premier grade : de juge à vice président ou de substitut à vice procureur).
3 - Qui est chargé de ces évaluations ?
L'évaluation finale, notifiée au magistrat, est effectuée pour les magistrats du siège par le Premier Président de la Cour d'Appel et pour les magistrats du parquet par le Procureur Général près la Cour d'Appel.
L'évaluation finale, notifiée au magistrat, est effectuée pour les magistrats du siège par le Premier Président de la Cour d'Appel et pour les magistrats du parquet par le Procureur Général près la Cour d'Appel.
4 - SVP, décrivez la procédure d'évaluation.
Le magistrat rédige une note sur son activité.
Puis il est reçu par le chef de la juridiction dans laquelle il exerce, qui après avis des collègues ayant pu connaître du travail du magistrat évalué (ex : Présidents des Tribunaux Correctionnels et Cour d'Assises pour les Juges d'Instruction, Président des formations collégiales pour les assesseurs...) rédige une évaluation à la fois littérale et analytique et énonce les fonctions auxquelles le magistrat est apte et ses besoins en formation.
Cette évaluation, de même que les avis exprimés par les magistrats ayant pu apprécier des qualités du magistrat, lui est notifiée. Le magistrat évalué a la possibilité de faire des observations écrites, le notateur pouvant alors modifier ou maintenir sa notation.
Cette notation et les annexes sont ensuite adressées au Chef de Cour, qui prend également l'avis des magistrats de la Cour ayant pu connaître de l'activité du magistrat (ex : président de la chambre de l'Instruction pour les juges d'Instruction, Présidents des différentes chambres civiles et pénales, Magistrat délégué à la Protection de l'Enfance pour les Juges des Enfants...).
L'évaluation finale et les annexes sont notifiées au magistrat, qui peut effectuer toutes observations utiles, le notateur pouvant alors modifier ou maintenir sa notation.
Le magistrat évalué dispose d'un recours devant la commission d'avancement (présidée par le Premier Président de la Cour de Cassation et composée exclusivement de magistrats), qui exerce un contrôle minimum, se limitant à l'erreur manifeste d'appréciation. La commission d'avancement n'a pas le pouvoir de substitution de la notation. Elle peut seulement émettre un avis motivé versé au dossier du magistrat concerné. Un recours devant le Conseil d'Etat est également ouvert.
Le magistrat rédige une note sur son activité.
Puis il est reçu par le chef de la juridiction dans laquelle il exerce, qui après avis des collègues ayant pu connaître du travail du magistrat évalué (ex : Présidents des Tribunaux Correctionnels et Cour d'Assises pour les Juges d'Instruction, Président des formations collégiales pour les assesseurs...) rédige une évaluation à la fois littérale et analytique et énonce les fonctions auxquelles le magistrat est apte et ses besoins en formation.
Cette évaluation, de même que les avis exprimés par les magistrats ayant pu apprécier des qualités du magistrat, lui est notifiée. Le magistrat évalué a la possibilité de faire des observations écrites, le notateur pouvant alors modifier ou maintenir sa notation.
Cette notation et les annexes sont ensuite adressées au Chef de Cour, qui prend également l'avis des magistrats de la Cour ayant pu connaître de l'activité du magistrat (ex : président de la chambre de l'Instruction pour les juges d'Instruction, Présidents des différentes chambres civiles et pénales, Magistrat délégué à la Protection de l'Enfance pour les Juges des Enfants...).
L'évaluation finale et les annexes sont notifiées au magistrat, qui peut effectuer toutes observations utiles, le notateur pouvant alors modifier ou maintenir sa notation.
Le magistrat évalué dispose d'un recours devant la commission d'avancement (présidée par le Premier Président de la Cour de Cassation et composée exclusivement de magistrats), qui exerce un contrôle minimum, se limitant à l'erreur manifeste d'appréciation. La commission d'avancement n'a pas le pouvoir de substitution de la notation. Elle peut seulement émettre un avis motivé versé au dossier du magistrat concerné. Un recours devant le Conseil d'Etat est également ouvert.
5 - L'évaluation a-t-elle un aspect quantitatif (ex : nombre d 'affaires jugées ; de dossiers) SVP décrivez la. Quels sont les éléments pris en compte ?
6 - L'évaluation a-t-elle un caractère qualitatif (ex : quelqu'un évalue-t-il aussi bien le travail du juge que le nombre de ses tâches) ? SVP développez. Quels sont les éléments pris en compte?
L'évaluation a un caractère qualitatif et quantitatif. Les éléments pris en compte sont les suivants :
Aptitudes professionnelles générales
L'évaluation a un caractère qualitatif et quantitatif. Les éléments pris en compte sont les suivants :
Aptitudes professionnelles générales
- Capacité à décider
- Bon sens et jugement
- Force de caractère et maîtrise de soi
- Sens des responsabilités
- Capacité d'écoute et d'échange
- Esprit d'initiative
- Capacité d'adaptation aux situations nouvelles
Aptitudes juridiques et techniques
Aptitudes juridiques et techniques
- Précision et étendue des connaissances juridiques
- Capacité à utiliser ses compétences juridiques
- Esprit de synthèse
- Qualité de l'expression écrite
- Aptitude à la direction des audiences et aux réquisitions orales
- Aptitude à la conduite des réunions
- Aptitude à constituer et conduire un dossier
- Connaissances du contexte socio économique dans lequel s'exerce l'activité
Aptitudes à l'organisation et à l'animation
- Capacité à s'organiser dans l'exercice de ses fonctions
- Capacité à conduire une action, un service ou une juridiction
- Capacité à exercer l'autorité
- Capacité à gérer (crédits, immobilier, équipement)
- Capacité à fixer des objectifs et à mettre en oeuvre les moyens nécessaires
Engagement professionnel
- Disponibilité et dévouement au service
- Puissance de travail et efficacité
- Intérêt et participationau fonctionnement général et à la vie de la juridiction
- Actualisation et perfectionnement des performances et de méthodes
- Intérêt porté aux greffes ou secrétariats, relation avec les fonctionnaires
- Relations professionnelles avec les magistrats
- Relations professionnelles avec les autres institutions
- Capacité à représenter le service, la juridiction ou l'institution judiciaire
Pour chacune de ces rubriques, les magistrats sont classés dans les catégories suivantes : Exceptionnel, Excellent, Très bon, Satisfaisant, Insuffisant).
7 - Le nombre et/ou les résultats d 'affaires traitées par le juge jouent-ils un rôle au niveau de l'évaluation ? SVP, expliquez.
8 - Est-ce que la durée d'une affaire traitée par le juge est un élément pris en compte dans l'évaluation ? SVP, développez.
Comme indiqué précédemment, les notateurs peuvent prendre en compte les aspects quantitatifs, c'est à dire le nombre de dossiers traités, la durée de traitement de ceux ci et les aspects qualitatifs.
9 - Comment les juges qui siègent sont-ils évalués ?
Ils sont évalués selon la méthode indiquée ci-dessus. Il n'existe pas de procédure spécifique pour les magistrats du siège.
10 - Quelles sont les conséquences de cette évaluation ?
L'avancement des magistrats s'effectue sur la base de cette évaluation.
11 - Existe-t-il un lien entre évaluation et rémunération ?
Il n'y pas de lien direct entre l'évaluation et la rémunération (sauf à considérer que du fait de l'avancement, la rémunération augmente).
Toutefois depuis octobre 2004, les magistrats du siège comme du parquet percoivent une rémunération dont une partie est modulée en fonction de la contribution au bon fonctionnement de l'institution judiciaire. La prime moyenne allouée est de 9 % du traitement brut, mais peut être ramenée à 0 ou monter à 15 %.
Cette prime, allouée selon des critères variables selon les Cours, est notifiée annuellement et individuellement aux magistrats par les chefs de Cour. Un recours hierarchique et éventuellement contentieux devant le Conseil d'Etat est prévu.
12 - Voyez-vous une atteinte à l'indépendance judiciaire dans l'évaluation des juges qui est faite dans votre pays ? SVP, expliquez.
Le système actuel de notation présente toutes les garanties pour le magistrat et n'est en rien en l'état attentatoire à l'indépendance judiciaire.
Seul le système de la rémunération au rendement peut poser question en terme d'indépendance.
Comme indiqué précédemment, les notateurs peuvent prendre en compte les aspects quantitatifs, c'est à dire le nombre de dossiers traités, la durée de traitement de ceux ci et les aspects qualitatifs.
9 - Comment les juges qui siègent sont-ils évalués ?
Ils sont évalués selon la méthode indiquée ci-dessus. Il n'existe pas de procédure spécifique pour les magistrats du siège.
10 - Quelles sont les conséquences de cette évaluation ?
L'avancement des magistrats s'effectue sur la base de cette évaluation.
11 - Existe-t-il un lien entre évaluation et rémunération ?
Il n'y pas de lien direct entre l'évaluation et la rémunération (sauf à considérer que du fait de l'avancement, la rémunération augmente).
Toutefois depuis octobre 2004, les magistrats du siège comme du parquet percoivent une rémunération dont une partie est modulée en fonction de la contribution au bon fonctionnement de l'institution judiciaire. La prime moyenne allouée est de 9 % du traitement brut, mais peut être ramenée à 0 ou monter à 15 %.
Cette prime, allouée selon des critères variables selon les Cours, est notifiée annuellement et individuellement aux magistrats par les chefs de Cour. Un recours hierarchique et éventuellement contentieux devant le Conseil d'Etat est prévu.
12 - Voyez-vous une atteinte à l'indépendance judiciaire dans l'évaluation des juges qui est faite dans votre pays ? SVP, expliquez.
Le système actuel de notation présente toutes les garanties pour le magistrat et n'est en rien en l'état attentatoire à l'indépendance judiciaire.
Seul le système de la rémunération au rendement peut poser question en terme d'indépendance.
GERMANY
Foreword:
As Germany is a Federal State and the Länder (states) have the responsibility for the judiciary there are a lot of differences between the 16 Länder (states).
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Yes, whenever a judge wants to be appointed to another position he will be assessed by the president of the court.
2. Are there assessments on other occasions?
Yes. It differs but normally judges in the trial court (first instance) will be assessed by the president every four to five years until they are 50 years old. Presiding judges and appellate court judges will only be assessed when they apply for a higher judicial post.
3. Who is in charge of the assessments?
The Presidents of the courts.
4. Please describe how an assessment is conducted?
There is no formal procedure. Normally the president will ask the presiding judge who works together with the judges for his advice. Then he will deliver the assessment which evaluates 4-5 years.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The criterion of an assessment of a judge should be Art. 33 Sec 2 of the German Basic Law: "Every German shall be equally eligible for any public office according to his aptitude, qualifications, and professional achievements". That means that the quality of the work should be of main importance, especially the typical abilities of a judge: knowledge of the law, understanding of the facts of the case, mastery of the proceedings and loadbearing capacity.Among those the quantity of the work will play a role too.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
See above, point 5.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See above, point 5.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of cases dealt with by a judge plays a role when - without good reasons - a judge doesn't finish his cases within a reasonable time.
9. How are judges who sit in court assessed?
All judges in Germany have to sit in court apart from some judges who are delegated to the Ministries of Justice.
10. What are the consequences of these assessments?
The assessment decides whether or not a judge will be promoted.
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Yes, whenever a judge wants to be appointed to another position he will be assessed by the president of the court.
2. Are there assessments on other occasions?
Yes. It differs but normally judges in the trial court (first instance) will be assessed by the president every four to five years until they are 50 years old. Presiding judges and appellate court judges will only be assessed when they apply for a higher judicial post.
3. Who is in charge of the assessments?
The Presidents of the courts.
4. Please describe how an assessment is conducted?
There is no formal procedure. Normally the president will ask the presiding judge who works together with the judges for his advice. Then he will deliver the assessment which evaluates 4-5 years.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The criterion of an assessment of a judge should be Art. 33 Sec 2 of the German Basic Law: "Every German shall be equally eligible for any public office according to his aptitude, qualifications, and professional achievements". That means that the quality of the work should be of main importance, especially the typical abilities of a judge: knowledge of the law, understanding of the facts of the case, mastery of the proceedings and loadbearing capacity.Among those the quantity of the work will play a role too.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
See above, point 5.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See above, point 5.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of cases dealt with by a judge plays a role when - without good reasons - a judge doesn't finish his cases within a reasonable time.
9. How are judges who sit in court assessed?
All judges in Germany have to sit in court apart from some judges who are delegated to the Ministries of Justice.
10. What are the consequences of these assessments?
The assessment decides whether or not a judge will be promoted.
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
HUNGARY
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
No, there aren't.
2. Are there assessments on other occasions?
Judges are assessed on achieving status of immovability and two more times after it, per 6 years. There is an extraordinary assessment, if the establishment of the judge's disability was initiated, or the judge asks for the assessment.
3. Who is in charge of the assessments?
The president of each court or the judge, who was designated by him/her.
4. Please describe how an assessment is conducted?
The work of the judge is assessed in its complexity. The assessment analyses the aspect of using the civil law, civil process law and the order of procuration.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Yes, it has.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. These two components play important role at the result of the assessment.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes. The assessment counts the frequency and the grounds of the procrastination, as well as the sanctions against the judge, who doesn't finish the cases within a reasonable time.
9. How are judges who sit in court assessed?
50 cases which were finished with final judgement are analysed in detail on the grounds of the monthly statistics, the hearing of trials and maybe the complaints against the judge.There can be only value judgements in the assessment which are founded on facts.
10. What are the consequences of these assessments?
The result of the assessment can be an exceedingly able, able or disable qualification of judges. It can count at the appointment of judges to the immovable status or a higher position. The labour relation of a disable judge is broken off.
11. Is there any connection between assessment and remuneration?
No, there isn't. It is determined by law.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, there isn't any infringement. There can't be.
No, there aren't.
2. Are there assessments on other occasions?
Judges are assessed on achieving status of immovability and two more times after it, per 6 years. There is an extraordinary assessment, if the establishment of the judge's disability was initiated, or the judge asks for the assessment.
3. Who is in charge of the assessments?
The president of each court or the judge, who was designated by him/her.
4. Please describe how an assessment is conducted?
The work of the judge is assessed in its complexity. The assessment analyses the aspect of using the civil law, civil process law and the order of procuration.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Yes, it has.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. These two components play important role at the result of the assessment.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes. The assessment counts the frequency and the grounds of the procrastination, as well as the sanctions against the judge, who doesn't finish the cases within a reasonable time.
9. How are judges who sit in court assessed?
50 cases which were finished with final judgement are analysed in detail on the grounds of the monthly statistics, the hearing of trials and maybe the complaints against the judge.There can be only value judgements in the assessment which are founded on facts.
10. What are the consequences of these assessments?
The result of the assessment can be an exceedingly able, able or disable qualification of judges. It can count at the appointment of judges to the immovable status or a higher position. The labour relation of a disable judge is broken off.
11. Is there any connection between assessment and remuneration?
No, there isn't. It is determined by law.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, there isn't any infringement. There can't be.
ICELAND
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Considering the scope of the question, it is important to note two facts about the Icelandic court system: 1) it has only two levels, circuit courts (district courts) and one Supreme Court; 2) judges are appointed for life. If a judge moves from one court to another at the lower level no assessment takes place. For an appointment to the Supreme Court an assessment takes place.
Considering the scope of the question, it is important to note two facts about the Icelandic court system: 1) it has only two levels, circuit courts (district courts) and one Supreme Court; 2) judges are appointed for life. If a judge moves from one court to another at the lower level no assessment takes place. For an appointment to the Supreme Court an assessment takes place.
2. Are there assessments on other occasions?
No. However, by the end of each year every court reviews how many cases each judge has finished and how many cases are still pending, each courts then sends the summary results to the National Statistics and the Judicial Council.
No. However, by the end of each year every court reviews how many cases each judge has finished and how many cases are still pending, each courts then sends the summary results to the National Statistics and the Judicial Council.
3. Who is in charge of the assessments?
As to the Supreme Court, the Supreme Court itself and the minister of justice. As to the annual case count this is supervised by the chief judge of each court.
As to the Supreme Court, the Supreme Court itself and the minister of justice. As to the annual case count this is supervised by the chief judge of each court.
4. Please describe how an assessment is conducted?
Applications are sent to the minister of justice who sends them for assessment to the Supreme Court. There an assessment takes place by all the justices of the court (9) and report is sent back to the minister of justice, who appoints the judge on behalf of the President of the Republic. The minister is only bound by the recommendation of the Supreme Court as to whether the candidate is qualified to be a Supreme Court justice. The minister has in resent years frequently gone against the Courts recommendation of which candidate to choose. This has promoted a debate in the society about the application process. One side holds that the minister should be bound by the courts choice, the other holds that the court should not itself decide which candidate is chosen.
Applications are sent to the minister of justice who sends them for assessment to the Supreme Court. There an assessment takes place by all the justices of the court (9) and report is sent back to the minister of justice, who appoints the judge on behalf of the President of the Republic. The minister is only bound by the recommendation of the Supreme Court as to whether the candidate is qualified to be a Supreme Court justice. The minister has in resent years frequently gone against the Courts recommendation of which candidate to choose. This has promoted a debate in the society about the application process. One side holds that the minister should be bound by the courts choice, the other holds that the court should not itself decide which candidate is chosen.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
See answer to question 2. The count of cases is not meant to be used as an assessment of the work of individual judges, but it has indirect control and encouragement effects.
See answer to question 2. The count of cases is not meant to be used as an assessment of the work of individual judges, but it has indirect control and encouragement effects.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
In the assessment made by the Supreme Court the primary elements of importance are education, work-experience and legal research. Also other activities count, such as teaching at Universities, service in governmental committees, experience of legislative activities. Valuation of the quality of the applicants judicial work or other work of legal nature is also under consideration. There the court mainly reflects on the cases that have come before it and have preciously been tried by the applicant judge or argued before it by council. It should be remembered that Iceland is a small society and the performance of each candidate is widely known, however, in such a situation there also is some danger of prejudice or favouritism in respect to individual candidate.
In the assessment made by the Supreme Court the primary elements of importance are education, work-experience and legal research. Also other activities count, such as teaching at Universities, service in governmental committees, experience of legislative activities. Valuation of the quality of the applicants judicial work or other work of legal nature is also under consideration. There the court mainly reflects on the cases that have come before it and have preciously been tried by the applicant judge or argued before it by council. It should be remembered that Iceland is a small society and the performance of each candidate is widely known, however, in such a situation there also is some danger of prejudice or favouritism in respect to individual candidate.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See the answer to question 6.
See the answer to question 6.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
A great emphases is laid on effectiveness in the courts. If a judge is exceptionally slow this may have a negative effect on the assessment. Speed however has to go hand in hand with quality to help an individual judge in the assessment process.
A great emphases is laid on effectiveness in the courts. If a judge is exceptionally slow this may have a negative effect on the assessment. Speed however has to go hand in hand with quality to help an individual judge in the assessment process.
9. How are judges who sit in court assessed?
There is no regular assessment, apart from the yearly case count in the lower court, see answer to question 2. Judges are appointed for life and a court action is needed to dethrone them.
There is no regular assessment, apart from the yearly case count in the lower court, see answer to question 2. Judges are appointed for life and a court action is needed to dethrone them.
10. What are the consequences of these assessments?
Does not apply.
Does not apply.
11. Is there any connection between assessment and remuneration?
No.
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No. In a small society any assessment may have some effect on the reputation of an individual, but this does not interfere with the judges independence.
No. In a small society any assessment may have some effect on the reputation of an individual, but this does not interfere with the judges independence.
ITALY
FOREWORD:
The Italian Constitution, which has been in force since January 1948, pays particular attention to the subject of the autonomy and independence of the judges. To achieve these principles, it establishes that the ordinary judiciary is "an order which is both autonomous and independent from any other power" (Article 104) and instituted a body for its own self governance: the High Council of the Judiciary (CSM), which has responsibility for the careers of all ordinary magistrates (Article 105)(1).
For this reason the Constitution gives the CSM responsibility for the administration of the judiciary (appointments, transfers, promotions and disciplinary matters) and thus the governing body is the guarantor of the judiciary's independence.
The Constitution also recognises the principles of independence and autonomy in respect of the public prosecutor, in particular because it provides for the obligation to prosecute all crimes (Articles 107 and 112)(2).
To this is added the fact that judges and public prosecutors belong to the same judicial order and are treated equally within it. It is, therefore, possible for a magistrate in the course of his/her career to pass from one function to the other (from judge to public prosecutor or vice-versa) on the basis of the CSM's evaluation.
For this reason the Constitution gives the CSM responsibility for the administration of the judiciary (appointments, transfers, promotions and disciplinary matters) and thus the governing body is the guarantor of the judiciary's independence.
The Constitution also recognises the principles of independence and autonomy in respect of the public prosecutor, in particular because it provides for the obligation to prosecute all crimes (Articles 107 and 112)(2).
To this is added the fact that judges and public prosecutors belong to the same judicial order and are treated equally within it. It is, therefore, possible for a magistrate in the course of his/her career to pass from one function to the other (from judge to public prosecutor or vice-versa) on the basis of the CSM's evaluation.
Over the years, a complex system of norms has been approved, which puts these constitutional principles into effect and which allows all Italian magistrates (judges and public prosecutors alike) to carry out their own functions without being conditioned by legislative and executive power, and enable them to prosecute all criminal offences, whoever may have committed them.
However, Mr. Berlusconi's government (2001-2006) presented in 2002 a cumbersome new project for reforming the whole judicial career. This project was based, essentially, on the following points:
However, Mr. Berlusconi's government (2001-2006) presented in 2002 a cumbersome new project for reforming the whole judicial career. This project was based, essentially, on the following points:
a) Access to the judiciary is by public examination for the two distinct careers of judge and prosecutor.
b) Passage from the function of prosecutor to that of judge or vice-versa can take place only on the basis of a new examination.
c) Positions in the Court of Cassation can be obtained only on the basis of a new examination.
d) Managerial positions can be allotted only on the basis of a new examination.
Unfortunately, after an extensive debate this project was approved by the Italian Parliament (Law made under delegate powers No.150/2005)(3) and its legal force will be completely affected as of 28 July 2006. It means that the magistrate's life will consist of continual examinations and, above all, it will create two separate magistracies: that of judge and that of prosecutor. As a result the latter would inevitably be put outside the judicial culture witch would impact upon its own independence.
But, on the occasion of the last ballot (April 2006) the left side party won the political election. So, according to its programme Mr. Prodi's government has presented a bill asking the Parliament to stay the force of the above mentioned law(4).
For that reason, I am replying to the questionnaire referring to the judicial organisation in place for the time being.
Unfortunately, after an extensive debate this project was approved by the Italian Parliament (Law made under delegate powers No.150/2005)(3) and its legal force will be completely affected as of 28 July 2006. It means that the magistrate's life will consist of continual examinations and, above all, it will create two separate magistracies: that of judge and that of prosecutor. As a result the latter would inevitably be put outside the judicial culture witch would impact upon its own independence.
But, on the occasion of the last ballot (April 2006) the left side party won the political election. So, according to its programme Mr. Prodi's government has presented a bill asking the Parliament to stay the force of the above mentioned law(4).
For that reason, I am replying to the questionnaire referring to the judicial organisation in place for the time being.
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Yes, there are. At present, access to the magistracy is by means of public examination, and magistrates advance to higher positions (Court of Appeal, Cassation, senior management) by means of assessments made from time to time by the C.S.M. on the basis of seniority, as required by law. As far as judges'/prosecutor's career advancement is concerned, the 1941 judicial system laws envisaged that access to "higher" functions (Appeal and Cassation) could only be achieved through competitive examinations and regular assessment.
Yes, there are. At present, access to the magistracy is by means of public examination, and magistrates advance to higher positions (Court of Appeal, Cassation, senior management) by means of assessments made from time to time by the C.S.M. on the basis of seniority, as required by law. As far as judges'/prosecutor's career advancement is concerned, the 1941 judicial system laws envisaged that access to "higher" functions (Appeal and Cassation) could only be achieved through competitive examinations and regular assessment.
This point was substantially revised when the Constitution came into force and in particular by art. 107, paragraph 3 according to which "Judges may only be distinguished by function" (that means, distinctions between judges and prosecutors are based purely on the diversity of their functions).
Through a series of laws, career advancement through competitive examinations and regular assessments was in fact abolished and an automatic advancement based on seniority was introduced, except in cases of demerit.
The system is therefore organised as follows: the seniority required to be appointed to the rank of court judge/prosecutor is two years from appointment to trainee judge/prosecutor vested with functions; after eleven years with assigned functions, court judges/prosecutors may be assigned the rank of Appeal Court judge/prosecutor; the seniority required for assignment to the rank of Court of Cassation judge/prosecutor is seven years from the date of appointment to the rank of Appeal Court judge/prosecutor. After a further eight years, a judge/prosecutor holding the rank of Court of Cassation judge/prosecutor may be declared fit for designation to senior executive functions. Once the necessary seniority has been reached, the advancement is decided by the C.S.M., after consulting the competent district judicial council. If the C.S.M. decides against the career advancement of a member of the judiciary, then the said judge/prosecutor will be appraised again after some time.The system currently in force is based on the separation between rank and functions, and the assignment to a higher rank is independent from an effective assignment to an office corresponding to the attained rank. For example, in order to be effectively assigned to an appeal function (as that of Appeal Court counsellor) a judge/prosecutor must have effectively been awarded an Appeal Court rank. But a judge/prosecutor with an Appeal Court rank or a judge/prosecutor who has been granted a declaration of fitness for appointment to Cassation Court judge/prosecutor may, on the other hand, continue to work in his/her position - even though it corresponds to a lower rank - for an unlimited time. The only immediate consequence of career advancement is a corresponding salary increase.
2. Are there assessments on other occasions?
Yes, there are. In Italy, as in all the other countries of civil law tradition having a similar system of recruitment (France, Spain, Germany, Portugal, etc.), recurrent evaluations of professional performance of the magistrates are provided for, to serve a variety of basic functions: in the first place to verify that young magistrates have actually acquired the necessary professional competence, and thereafter to choose among them those that are most qualified to fill the vacancies at the higher levels of jurisdiction. Last but not least, to ensure that magistrates maintain their professional qualifications throughout their many years of service and until retirement.
3. Who is in charge of the assessments?
In accordance to the above mentioned constitutional rules, the final assessment is always up to the High Council of the Magistracy.
4. Please describe how an assessment is conducted?
The procedure is the following. When a position is vacant (i.e., judge/prosecutor of Court of Appeal or of Court of Cassation) the High Council of the Judiciary publishes a competitive examination among all judges and prosecutors who qualify for appointment. They are invited to file an application, if they wish to, within a fixed delay, delivering all the useful documents. A Commission of the High Council of the Judiciary selects the most suitable applicant on the basis of a comparative evaluation according to rules of circular letters (5).
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Generally speaking, files completed and number of cases undertaken as well are considered for the positive evaluation of the candidate. But, impartiality, diligence, seriousness, professionalism as well as vocational training are most important at that end.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Please see reply No.5.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No, the outcome of the cases handled by the judge does not play any role in the assessment unless the outcome of the case was filled in on the basis of a gross law mistake. As far as the number of the cases handled by the judge, please refer to reply No.5.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
No, it is not considered unless the delay was de facto totally unjustified.
9. How are judges who sit in court assessed?
The judges sitting in court are evaluated by the District Judicial Council on the basis of the report filled in by the First President of the Court. The latter refer on the judge's capability and daily performance.
10. What are the consequences of these assessments?
We need to distinguish two main cases: 1) the first one refer to the judge's assessment for his/her career advancement (rank of court judge/prosecutor, rank of Appeal Court judge/prosecutor, rank of Court of Cassation judge/prosecutor). In this case the assessment carried out by the District Judicial Council is mandatory for getting the CSM's final evaluation; 2) the second one refer to the judge's assessment for his/her application to higher position (function of judge of Appeal Court; function of Cassation Court; senior management). In this case the positive evaluation carried out by the District Judicial Council is an advantage for winning the competitive examination published by the CSM.
11. Is there any connection between assessment and remuneration?
No, there is not. But, when the judge's/prosecutor's assessment is made for his/her rank advancement higher salary is connected to the positive evaluation.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, I do not see any infringement.
2. Are there assessments on other occasions?
Yes, there are. In Italy, as in all the other countries of civil law tradition having a similar system of recruitment (France, Spain, Germany, Portugal, etc.), recurrent evaluations of professional performance of the magistrates are provided for, to serve a variety of basic functions: in the first place to verify that young magistrates have actually acquired the necessary professional competence, and thereafter to choose among them those that are most qualified to fill the vacancies at the higher levels of jurisdiction. Last but not least, to ensure that magistrates maintain their professional qualifications throughout their many years of service and until retirement.
3. Who is in charge of the assessments?
In accordance to the above mentioned constitutional rules, the final assessment is always up to the High Council of the Magistracy.
4. Please describe how an assessment is conducted?
The procedure is the following. When a position is vacant (i.e., judge/prosecutor of Court of Appeal or of Court of Cassation) the High Council of the Judiciary publishes a competitive examination among all judges and prosecutors who qualify for appointment. They are invited to file an application, if they wish to, within a fixed delay, delivering all the useful documents. A Commission of the High Council of the Judiciary selects the most suitable applicant on the basis of a comparative evaluation according to rules of circular letters (5).
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Generally speaking, files completed and number of cases undertaken as well are considered for the positive evaluation of the candidate. But, impartiality, diligence, seriousness, professionalism as well as vocational training are most important at that end.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Please see reply No.5.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No, the outcome of the cases handled by the judge does not play any role in the assessment unless the outcome of the case was filled in on the basis of a gross law mistake. As far as the number of the cases handled by the judge, please refer to reply No.5.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
No, it is not considered unless the delay was de facto totally unjustified.
9. How are judges who sit in court assessed?
The judges sitting in court are evaluated by the District Judicial Council on the basis of the report filled in by the First President of the Court. The latter refer on the judge's capability and daily performance.
10. What are the consequences of these assessments?
We need to distinguish two main cases: 1) the first one refer to the judge's assessment for his/her career advancement (rank of court judge/prosecutor, rank of Appeal Court judge/prosecutor, rank of Court of Cassation judge/prosecutor). In this case the assessment carried out by the District Judicial Council is mandatory for getting the CSM's final evaluation; 2) the second one refer to the judge's assessment for his/her application to higher position (function of judge of Appeal Court; function of Cassation Court; senior management). In this case the positive evaluation carried out by the District Judicial Council is an advantage for winning the competitive examination published by the CSM.
11. Is there any connection between assessment and remuneration?
No, there is not. But, when the judge's/prosecutor's assessment is made for his/her rank advancement higher salary is connected to the positive evaluation.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No, I do not see any infringement.
1) The terms "magistrate" has a different meaning in different countries. In Italy as well as in France it is used to include both judges and public prosecutors. In both countries they are jointly recruited and can move from one position to the other even recurrently in the course of their career.
(2) Article 107 [Disciplinary Action] (1) Members of the judiciary may not be removed from office. They may not be dismissed, suspended, or moved to other jurisdictions or functions except either by decision of the superior council of the judiciary for reasons and with opportunity of defence as defined by the organizational law, or by their own consent.(2) The minister of justice may initiate disciplinary action.(3) Judges may only be distinguished by function.(4) The public prosecutor enjoys the guarantees defined by the organizational law.
Article 112 [Criminal Proceedings] The public prosecutor has the duty to initiate criminal proceedings.
(3) Italian Constitution, article 76 [Delegation of Legislative Power]: "Legislative power may not be delegated to the government unless parliament specifies principles and criteria of guidance and only for limited time and well-specified subjects".
(4) Referring to the last news, that bill should be approved by the Parliament shortly.
(5) The law setting up the C.S.M.entrusts it the power to issue quasi-statutory measures which may be divided into three categories:a) Internal regulations and administrative/accounting regulation, both of which are envisaged by the law. These are measures of secondary legislation, which can be issued by political/administrative bodies recognised by the constitution, which aim at regulating the C.S.M.'s organisation and operation;b) Regulations covering the training of trainee judges and prosecutors, which is also expressly envisaged by the law constituting the C.S.M. It regulates the training of the judges/prosecutors once they have passed the entrance exam;c) Circular letters, resolutions and directives. Circular letters are used to self-discipline the exercise of the administrative discretionary power assigned to the C.S.M. by the Constitution and by ordinary laws. The resolutions and directives are used to propose and implement the application of judicial system laws pursuant to a systematic interpretation of the sources.
(2) Article 107 [Disciplinary Action] (1) Members of the judiciary may not be removed from office. They may not be dismissed, suspended, or moved to other jurisdictions or functions except either by decision of the superior council of the judiciary for reasons and with opportunity of defence as defined by the organizational law, or by their own consent.(2) The minister of justice may initiate disciplinary action.(3) Judges may only be distinguished by function.(4) The public prosecutor enjoys the guarantees defined by the organizational law.
Article 112 [Criminal Proceedings] The public prosecutor has the duty to initiate criminal proceedings.
(3) Italian Constitution, article 76 [Delegation of Legislative Power]: "Legislative power may not be delegated to the government unless parliament specifies principles and criteria of guidance and only for limited time and well-specified subjects".
(4) Referring to the last news, that bill should be approved by the Parliament shortly.
(5) The law setting up the C.S.M.entrusts it the power to issue quasi-statutory measures which may be divided into three categories:a) Internal regulations and administrative/accounting regulation, both of which are envisaged by the law. These are measures of secondary legislation, which can be issued by political/administrative bodies recognised by the constitution, which aim at regulating the C.S.M.'s organisation and operation;b) Regulations covering the training of trainee judges and prosecutors, which is also expressly envisaged by the law constituting the C.S.M. It regulates the training of the judges/prosecutors once they have passed the entrance exam;c) Circular letters, resolutions and directives. Circular letters are used to self-discipline the exercise of the administrative discretionary power assigned to the C.S.M. by the Constitution and by ordinary laws. The resolutions and directives are used to propose and implement the application of judicial system laws pursuant to a systematic interpretation of the sources.
JAPAN
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Refer to the answer to Question 2.
2. Are there assessments on other occasions?
Assessments are conducted annually, and the results thereof are used as reference material for the promotion of an assistant judge to a judge and reappointment of a judge as well as reference material for considering the transfer.
3. Who is in charge of the assessments?
Assessments of judges are conducted by the chief judge of the court to which the judge belongs; the president of the high court having jurisdiction over the location of a district court or a family court is in charge of coordinating assignment and filling vacancies for such court.
4. Please describe how an assessment is conducted?
The authorized assessor conducts an assessment based on information obtained from inside and outside the court from various perspectives. Upon assessment, the assessor interviews the judge, while receiving from him/her documents on the affairs he/she has administered.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
For instance, when assessing whether a judge has the necessary capabilities to handle cases appropriately (case handling ability), consideration is given to the judge's ability to complete investigation and make a judgment within a reasonable period; in this case, various statistical data is used as important reference material for assessment.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Aspects taken into consideration for assessment include: necessary capabilities to handle cases appropriately (case handling capabilities); necessary capabilities to operate organizations appropriately (organizational operation capabilities); necessary capabilities in general to serve as a judge (general capabilities).
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Assessments do not cover whether or not individual judgments made by the judge are appropriate.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Assessments do not cover whether or not the manner in which the judge handled individual cases is appropriate.
9. How are judges who sit in court assessed?
Assessments may be conducted based on information obtained from other judges in the panel or court clerks who sit in court. Information obtained from outside the court may be taken into consideration for assessments if it is onymous and states specific underlying facts.
10. What are the consequences of these assessments?
Assessments are documented; they are indicated not by scale but by text.
11. Is there any connection between assessment and remuneration?
Assessments may be used as reference material for considering pay rises for high-ranking judges, but there is no such connection in other cases.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
Refer to the answer to Question 2.
2. Are there assessments on other occasions?
Assessments are conducted annually, and the results thereof are used as reference material for the promotion of an assistant judge to a judge and reappointment of a judge as well as reference material for considering the transfer.
3. Who is in charge of the assessments?
Assessments of judges are conducted by the chief judge of the court to which the judge belongs; the president of the high court having jurisdiction over the location of a district court or a family court is in charge of coordinating assignment and filling vacancies for such court.
4. Please describe how an assessment is conducted?
The authorized assessor conducts an assessment based on information obtained from inside and outside the court from various perspectives. Upon assessment, the assessor interviews the judge, while receiving from him/her documents on the affairs he/she has administered.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
For instance, when assessing whether a judge has the necessary capabilities to handle cases appropriately (case handling ability), consideration is given to the judge's ability to complete investigation and make a judgment within a reasonable period; in this case, various statistical data is used as important reference material for assessment.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Aspects taken into consideration for assessment include: necessary capabilities to handle cases appropriately (case handling capabilities); necessary capabilities to operate organizations appropriately (organizational operation capabilities); necessary capabilities in general to serve as a judge (general capabilities).
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Assessments do not cover whether or not individual judgments made by the judge are appropriate.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Assessments do not cover whether or not the manner in which the judge handled individual cases is appropriate.
9. How are judges who sit in court assessed?
Assessments may be conducted based on information obtained from other judges in the panel or court clerks who sit in court. Information obtained from outside the court may be taken into consideration for assessments if it is onymous and states specific underlying facts.
10. What are the consequences of these assessments?
Assessments are documented; they are indicated not by scale but by text.
11. Is there any connection between assessment and remuneration?
Assessments may be used as reference material for considering pay rises for high-ranking judges, but there is no such connection in other cases.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
LIECHTENSTEIN
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
There is no formal assessment procedure. Because of the structure of the judiciary in Liechtenstein, appointments to other positions, for example to the court of appeal are very rare.
2. Are there assessments on other occasions?
The Act of the Organisation of Judiciary (from 1924) contents no provisions for regular assessments of the work of the courts including the judges. Art. 63 of the Constitution provides the right of the parliament (Landtag) for the control of the administration of justice, but excludes expressly the control of court decisions. Art. 93 of the Constitution provides, that the government has the supervision of the continuance and the legality of the work of the court of justice, but not of the correctness of the decisions.
3. Who is in charge of the assessments?
There are no rules. In the past the parliament or the government in its competence entitled an experienced judge from Austria or Switzerland with the assessment.
4. Please describe how an assessment is conducted?
The evaluators assess each department of the court with the judge and his staff, but also other departments so as for example the department for the assessment and the collection of charges. The judicial work is mainly controlled for delays in the procedure and the delays in rendering judgements.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
It has a quantitative character in that form, that the assessment takes an effective and rapid work of the judge into consideration.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
It has a qualitative character also only on behalf of the efficiency of dealing the cases (delays or non delays).
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
The number of cases doesn't play a central role because of the independent allocation of cases to each judge by the collegium of judges for a year in advance with the aim that each judge has approximate the same caseload.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of a case is only controlled in examining that there are no delays in handling the case and in delivering the judgements after the end of the trial.
9. How are judges who sit in court assessed?
See above.
10. What are the consequences of these assessments?
The consequences could be that the judge with delays in delivering the judgement has periodically to report of the reduction of his cases to the president of the court or the government. In serious cases the government could make a report to the disciplinary court (Court of Appeal).
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
There is no infringement. In the draft for a new judicial organisation law periodical assessments are provided. But it is regulated that the work of a judge can only be evaluated by a person who is a judge by himself and that the result of the judges work as such (i.e. the civil action was admitted or dismissed, the offender was convicted or acquitted) must not be evaluated. That's only the work of the Court of Appeal or the Supreme Court when dealing with remedies.
There is no formal assessment procedure. Because of the structure of the judiciary in Liechtenstein, appointments to other positions, for example to the court of appeal are very rare.
2. Are there assessments on other occasions?
The Act of the Organisation of Judiciary (from 1924) contents no provisions for regular assessments of the work of the courts including the judges. Art. 63 of the Constitution provides the right of the parliament (Landtag) for the control of the administration of justice, but excludes expressly the control of court decisions. Art. 93 of the Constitution provides, that the government has the supervision of the continuance and the legality of the work of the court of justice, but not of the correctness of the decisions.
3. Who is in charge of the assessments?
There are no rules. In the past the parliament or the government in its competence entitled an experienced judge from Austria or Switzerland with the assessment.
4. Please describe how an assessment is conducted?
The evaluators assess each department of the court with the judge and his staff, but also other departments so as for example the department for the assessment and the collection of charges. The judicial work is mainly controlled for delays in the procedure and the delays in rendering judgements.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
It has a quantitative character in that form, that the assessment takes an effective and rapid work of the judge into consideration.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
It has a qualitative character also only on behalf of the efficiency of dealing the cases (delays or non delays).
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
The number of cases doesn't play a central role because of the independent allocation of cases to each judge by the collegium of judges for a year in advance with the aim that each judge has approximate the same caseload.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of a case is only controlled in examining that there are no delays in handling the case and in delivering the judgements after the end of the trial.
9. How are judges who sit in court assessed?
See above.
10. What are the consequences of these assessments?
The consequences could be that the judge with delays in delivering the judgement has periodically to report of the reduction of his cases to the president of the court or the government. In serious cases the government could make a report to the disciplinary court (Court of Appeal).
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
There is no infringement. In the draft for a new judicial organisation law periodical assessments are provided. But it is regulated that the work of a judge can only be evaluated by a person who is a judge by himself and that the result of the judges work as such (i.e. the civil action was admitted or dismissed, the offender was convicted or acquitted) must not be evaluated. That's only the work of the Court of Appeal or the Supreme Court when dealing with remedies.
THE NETHERLANDS
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Judges are appointed for life. There are quite different procedures for promotion to a management position (president of the court or sector head i.e. president of a section of a court) or promotion to a senior position in the same court or in a court of appeal. The answers hereafter apply to the latter category.In the case of promotion to a senior position as a judge the judge is assessed by an advisory committee of judges and by the presiding board (consisting of judges) of the court in which the judge applies for promotion. The recommendation of the presiding board to appoint a judge to a senior position invariably results in a government decision to do so.
2. Are there assessments on other occasions?
Yes. In most courts there is an informal assessment every year by the sector head (a judge).
3. Who is in charge of the assessments?
Formally speaking: the presiding board of the court. The informal assessments however are conducted by the sector head concerned, member of the presiding board.
4. Please describe how an assessment is conducted?
See 1, 2 and 3.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Yes, to a certain extent. The qualitative character however is dominant. The number of cases handled by the individual judge may be relevant when it is significantly below the average number handled by judges with comparable workload and experience.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. On the basis of his own impressions and of information supplied by others the assessor takes into consideration various aspects of the judicial performance: the way cases are handled in court sittings, degree and character of judicial expertise in general, educational skills , necessary for training assistants and younger judges, the duration of his cases. As a rule the outcome of specific cases handled by the judge is not a matter of assessment.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See 5 and 6 The outcome of cases handled might be relevant if a superior court would reverse a significant number of his cases on the ground of gross judicial errors.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes (see 6) if the duration is extremely long without a reasonable cause such as complexity of the case, the acting of other parties concerned, the workload of the judge.
9. How are judges who sit in court assessed?
All judges sit in court.
10. What are the consequences of these assessments?
In case of an assessment related to an application for a senior position: the application will be denied if the assessment is negative. In case of the yearly "informal"assessments: unless the outcome is very negative there will be no consequences.
11. Is there any connection between assessment and remuneration?
Apart from the denial of a senior position (with a higher renumeration) there are no financial consequences.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
Judges are appointed for life. There are quite different procedures for promotion to a management position (president of the court or sector head i.e. president of a section of a court) or promotion to a senior position in the same court or in a court of appeal. The answers hereafter apply to the latter category.In the case of promotion to a senior position as a judge the judge is assessed by an advisory committee of judges and by the presiding board (consisting of judges) of the court in which the judge applies for promotion. The recommendation of the presiding board to appoint a judge to a senior position invariably results in a government decision to do so.
2. Are there assessments on other occasions?
Yes. In most courts there is an informal assessment every year by the sector head (a judge).
3. Who is in charge of the assessments?
Formally speaking: the presiding board of the court. The informal assessments however are conducted by the sector head concerned, member of the presiding board.
4. Please describe how an assessment is conducted?
See 1, 2 and 3.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
Yes, to a certain extent. The qualitative character however is dominant. The number of cases handled by the individual judge may be relevant when it is significantly below the average number handled by judges with comparable workload and experience.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes. On the basis of his own impressions and of information supplied by others the assessor takes into consideration various aspects of the judicial performance: the way cases are handled in court sittings, degree and character of judicial expertise in general, educational skills , necessary for training assistants and younger judges, the duration of his cases. As a rule the outcome of specific cases handled by the judge is not a matter of assessment.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
See 5 and 6 The outcome of cases handled might be relevant if a superior court would reverse a significant number of his cases on the ground of gross judicial errors.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
Yes (see 6) if the duration is extremely long without a reasonable cause such as complexity of the case, the acting of other parties concerned, the workload of the judge.
9. How are judges who sit in court assessed?
All judges sit in court.
10. What are the consequences of these assessments?
In case of an assessment related to an application for a senior position: the application will be denied if the assessment is negative. In case of the yearly "informal"assessments: unless the outcome is very negative there will be no consequences.
11. Is there any connection between assessment and remuneration?
Apart from the denial of a senior position (with a higher renumeration) there are no financial consequences.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
NORWAY
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
All positions must be applied for, even by appointed judges. All applicants will be assessed.
2. Are there assessments on other occasions?
No.
3. Who is in charge of the assessments?
There is an independent Nomination Committee established by law with 7 members: 3 judges, 1 advocate, 1 lawyer working in then public sector and 2 not lawyers.
4. Please describe how an assessment is conducted?
Three or more members of the Nomination Committee have interviews with the applicants. There is no formal procedure for this interview. Then there is a discussion in full committee, giving a nomination of 3 candidates. The nomination is by majority vote. The Government (The King) will finally appoint the judge, and must pick their candidate among the tree nominated by the committee.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
No. In extreme cases it could be an argument against a judge applying for a new position that he/she is slow in proceeding cases
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes, in general terms.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
No.
9. How are judges who sit in court assessed?
There is no assessment.
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
All positions must be applied for, even by appointed judges. All applicants will be assessed.
2. Are there assessments on other occasions?
No.
3. Who is in charge of the assessments?
There is an independent Nomination Committee established by law with 7 members: 3 judges, 1 advocate, 1 lawyer working in then public sector and 2 not lawyers.
4. Please describe how an assessment is conducted?
Three or more members of the Nomination Committee have interviews with the applicants. There is no formal procedure for this interview. Then there is a discussion in full committee, giving a nomination of 3 candidates. The nomination is by majority vote. The Government (The King) will finally appoint the judge, and must pick their candidate among the tree nominated by the committee.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
No. In extreme cases it could be an argument against a judge applying for a new position that he/she is slow in proceeding cases
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes, in general terms.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
No.
9. How are judges who sit in court assessed?
There is no assessment.
11. Is there any connection between assessment and remuneration?
No.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
No.
SWEDEN
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
Yes, the judges are assessed on the merits by a recruitment committee, within the Court Administration Agency.
2. Are there assessments on other occasions?
Yes, in connection to a raise of salary. This is a new agreement that the parties of the labor market have agreed on and signed 18:th of October 2005. This agreement will start to apply from the first of October 2006.
3. Who is in charge of the assessments?
The chief judge in that specific court.
4. Please describe how an assessment is conducted?
The first step is a discussion between the judge and the chief judge. This discussion serves as the basis for the negotiations between the Court Administration Agency and Jusek, which is the Association of Graduates in Law. The judge's raise of salary will be decided between the parties in a collective agreement.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
No. There is no direct quantitative assessment of a judge's work.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes, through assessment of the judges in connection to a salary raise as a result of evaluation of the experience, ability to take on responsibilities and the degree of difficulty of the judges assignments.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No. The productivity of the judges' judicial activity is not under consideration, nor is the result of the judgments. This is prohibited because of the possible pressure aimed at influencing judicial decisions and behaviour of judges.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of a case dealt with by a judge is not under assessment.
9. How are judges who sit in court assessed?
There is no assessment of the judges in court.
10. What are the consequences of these assessments?
----.
11. Is there any connection between assessment and remuneration?
Yes, if a judge fulfils the criteria's discussed under question six he/she has a right to a raise of salary.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
The parties of the labour market have agreed on that the chief judge, as a part of his/hers administrative duties is to be allowed, to assess the judges qualifications after certain criteria's and this assessment will serve the parties of the labour market as a basic data for there decision-making and distribute bonuses to one or several of the regular judges employed at the courts. It is not required a formal application, a notification of interest is to be sufficient. This presupposes a continuous assessment of the judges' skill level before the salary negotiations. Further, the individual salary level then becomes a control instrument for the employer or the decisive body. If the judge needs to be graded or assessed as skilful in order to receive higher salary or a bonus this might influence him/her to subconsciously subordinate him/herself to the colleagues and chiefs opinions instead of using his/her own judgment in the judging activities. A skilful judge who works slower but safer than others might become a victim when productivity and efficiency through experience, taking on more responsibilities or more difficult assignments are considered the most desirable qualifications in the assessments.
It is the government that decides the court's budgets and formulates the goals of the courts. There is an increased focus on productivity and efficiency and quantitative goals that are constantly raised. In the budget work the fulfillment of goals are connected to the distribution of funds to the courts. This connection is endangering the independence of judges. These kinds of criteria's leads to an indirect quantitative assessment of the judges. One can see in the near future as a result of recent developments how even the chief judges salary will be depended on productivity and efficiency of the court and this will naturally effect his/hers opinion on most desirable quality of a judge in the assessments.
Yes, the judges are assessed on the merits by a recruitment committee, within the Court Administration Agency.
2. Are there assessments on other occasions?
Yes, in connection to a raise of salary. This is a new agreement that the parties of the labor market have agreed on and signed 18:th of October 2005. This agreement will start to apply from the first of October 2006.
3. Who is in charge of the assessments?
The chief judge in that specific court.
4. Please describe how an assessment is conducted?
The first step is a discussion between the judge and the chief judge. This discussion serves as the basis for the negotiations between the Court Administration Agency and Jusek, which is the Association of Graduates in Law. The judge's raise of salary will be decided between the parties in a collective agreement.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
No. There is no direct quantitative assessment of a judge's work.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
Yes, through assessment of the judges in connection to a salary raise as a result of evaluation of the experience, ability to take on responsibilities and the degree of difficulty of the judges assignments.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
No. The productivity of the judges' judicial activity is not under consideration, nor is the result of the judgments. This is prohibited because of the possible pressure aimed at influencing judicial decisions and behaviour of judges.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
The duration of a case dealt with by a judge is not under assessment.
9. How are judges who sit in court assessed?
There is no assessment of the judges in court.
10. What are the consequences of these assessments?
----.
11. Is there any connection between assessment and remuneration?
Yes, if a judge fulfils the criteria's discussed under question six he/she has a right to a raise of salary.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
The parties of the labour market have agreed on that the chief judge, as a part of his/hers administrative duties is to be allowed, to assess the judges qualifications after certain criteria's and this assessment will serve the parties of the labour market as a basic data for there decision-making and distribute bonuses to one or several of the regular judges employed at the courts. It is not required a formal application, a notification of interest is to be sufficient. This presupposes a continuous assessment of the judges' skill level before the salary negotiations. Further, the individual salary level then becomes a control instrument for the employer or the decisive body. If the judge needs to be graded or assessed as skilful in order to receive higher salary or a bonus this might influence him/her to subconsciously subordinate him/herself to the colleagues and chiefs opinions instead of using his/her own judgment in the judging activities. A skilful judge who works slower but safer than others might become a victim when productivity and efficiency through experience, taking on more responsibilities or more difficult assignments are considered the most desirable qualifications in the assessments.
It is the government that decides the court's budgets and formulates the goals of the courts. There is an increased focus on productivity and efficiency and quantitative goals that are constantly raised. In the budget work the fulfillment of goals are connected to the distribution of funds to the courts. This connection is endangering the independence of judges. These kinds of criteria's leads to an indirect quantitative assessment of the judges. One can see in the near future as a result of recent developments how even the chief judges salary will be depended on productivity and efficiency of the court and this will naturally effect his/hers opinion on most desirable quality of a judge in the assessments.
ENGLAND and WALES (UK)
1. Are there assessments on the occasion of the appointment (of a judge) to another position or function?
There are assessments of candidates, but the degree of formality varies. The further up the judicial hierarchy a person gets, the less formal is the assessment. The system is currently being overhauled, because of the creation of a Judicial Appointments Commission, which will in future control the issue of assessment.
This represents the position in England and Wales. It is not exactly similar in Scotland, which maintains a separate and distinct system as does Northern Ireland.
2. Are there assessments on other occasions?
Not generally, unless a judge is under investigation in disciplinary proceedings.
3. Who is in charge of the assessments?
At present it is a mixture of the Lord Chancellor, the Lord Chief Justice and the Judicial Appointments Commission. Within the next 2 years, it will become the exclusive responsibility of the Judicial Appointments Commission, which will make recommendations to the Lord Chief Justice and Lord Chancellor if need be.
4. Please describe how an assessment is conducted?
If there is any proper process of assessment at all (which is doubtful) it is covered in mystery and no one other than those who do the assessment themselves (the very top judges) has the slightest idea what is done or how it is done.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The assessment, such as it is, is much more qualitative then quantitative.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
There is no formal qualitative evaluation. But the quality of judgments is assessed by the court that hears any appeal. If there are complaints against the judgment then the quality will be assessed as part of an investigation of the complaint.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. Most obviously the outcome of a case is considered if there is an appeal from the judgment to the appeal court, when the higher court must consider the outcome. But this consideration is not used formally as part of an assessment of the judge whose judgment is appealed. The number of cases considered by a judge does not play any part in assessment unless it appears that the judge has been extremely slow with hearings or dilatory in producing judgments.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
In civil and administrative cases at first instance and with all types of case on appeal, a court is expected to deliver its judgment either straight away (ex tempore) or within 3 months of the conclusion of the hearing, of whatever type - trial or application - unless it is a particularly long/complicated. A judge is obliged to report to the Lord Chief Justice all instances where a judgment has been delayed beyond 3 months and to explain the reason for the delay. If a judge is habitually late in delivering judgments, this could be taken into account in any assessment.
9. How are judges who sit in court assessed?
All judges sit in court. There is no formal assessment of the manner in which judges conduct proceedings in court. But if a judge has conducted a trial in an unreasonable or apparently biased manner that may be a ground of appeal and this would therefore be assessed by the appeal court.
10. What are the consequences of these assessments?
The informal assessments will be considered when there is a vacancy for a higher court. If the assessment has been undertaken because of a complaint about a judge's handling of a case, then the result of the assessment may be disciplinary action against a judge.
Since April 2006 a new body has been responsible for making recommendations for promotion - the Judicial Appointments Commission. It has not yet published details of the procedure it will follow for determining its recommendations for promotion. The final decision and recommendation to the Queen is still made by the Lord Chancellor and Prime Minister. The JAC will not deal with disciplinary matters, which will be dealt with by the Lord Chief Justice and the Lord Chancellor.
11. Is there any connection between assessment and remuneration?
No, but if a judge is promoted he receives higher remuneration.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
Not at present.
There are assessments of candidates, but the degree of formality varies. The further up the judicial hierarchy a person gets, the less formal is the assessment. The system is currently being overhauled, because of the creation of a Judicial Appointments Commission, which will in future control the issue of assessment.
This represents the position in England and Wales. It is not exactly similar in Scotland, which maintains a separate and distinct system as does Northern Ireland.
2. Are there assessments on other occasions?
Not generally, unless a judge is under investigation in disciplinary proceedings.
3. Who is in charge of the assessments?
At present it is a mixture of the Lord Chancellor, the Lord Chief Justice and the Judicial Appointments Commission. Within the next 2 years, it will become the exclusive responsibility of the Judicial Appointments Commission, which will make recommendations to the Lord Chief Justice and Lord Chancellor if need be.
4. Please describe how an assessment is conducted?
If there is any proper process of assessment at all (which is doubtful) it is covered in mystery and no one other than those who do the assessment themselves (the very top judges) has the slightest idea what is done or how it is done.
5. Has this assessment a quantitative character (eg. number of cases undertaken; files completed)? Please describe. What figures are taken into consideration?
The assessment, such as it is, is much more qualitative then quantitative.
6. Has this assessment a qualitative character (eg. someone assesses how well the judge performs at various tasks)? Please describe. What aspects are taken into consideration?
There is no formal qualitative evaluation. But the quality of judgments is assessed by the court that hears any appeal. If there are complaints against the judgment then the quality will be assessed as part of an investigation of the complaint.
7. Do the number and/or the outcome of the cases handled by the judge play any role in the assessment? Please explain.
Yes. Most obviously the outcome of a case is considered if there is an appeal from the judgment to the appeal court, when the higher court must consider the outcome. But this consideration is not used formally as part of an assessment of the judge whose judgment is appealed. The number of cases considered by a judge does not play any part in assessment unless it appears that the judge has been extremely slow with hearings or dilatory in producing judgments.
8. Is the duration of a case dealt with by a judge an item which is considered in an assessment? In what way? Please, explain.
In civil and administrative cases at first instance and with all types of case on appeal, a court is expected to deliver its judgment either straight away (ex tempore) or within 3 months of the conclusion of the hearing, of whatever type - trial or application - unless it is a particularly long/complicated. A judge is obliged to report to the Lord Chief Justice all instances where a judgment has been delayed beyond 3 months and to explain the reason for the delay. If a judge is habitually late in delivering judgments, this could be taken into account in any assessment.
9. How are judges who sit in court assessed?
All judges sit in court. There is no formal assessment of the manner in which judges conduct proceedings in court. But if a judge has conducted a trial in an unreasonable or apparently biased manner that may be a ground of appeal and this would therefore be assessed by the appeal court.
10. What are the consequences of these assessments?
The informal assessments will be considered when there is a vacancy for a higher court. If the assessment has been undertaken because of a complaint about a judge's handling of a case, then the result of the assessment may be disciplinary action against a judge.
Since April 2006 a new body has been responsible for making recommendations for promotion - the Judicial Appointments Commission. It has not yet published details of the procedure it will follow for determining its recommendations for promotion. The final decision and recommendation to the Queen is still made by the Lord Chancellor and Prime Minister. The JAC will not deal with disciplinary matters, which will be dealt with by the Lord Chief Justice and the Lord Chancellor.
11. Is there any connection between assessment and remuneration?
No, but if a judge is promoted he receives higher remuneration.
12. Do you see any infringement on the independence by virtue of the assessment of judges in your country? Please, explain.
Not at present.
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