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Rome (Italy), 26-27 March 2007
 A judge can only exercise his/her duty being
fully independent. The principle of the separation of powers
also implies that the body entrusted with the protection of this
independence and with the management of the judiciary be itself
independent. Such independence cannot be seen as a privilege of
the judicial function but a fundamental principle for the sake
of the community : thus the citizens who turn to justice cannot
be satisfied only with an independent justice, but expect that
justice be fair and efficient as well. Therefore, to cope with
an always more litigious society, an in-depth reflection should
be led on the concrete means enabling to benefit from a quality
of justice
combining these fundamental values.
As the functioning of judicial institutions
is sometimes challenged in the Council of Europe's member
states, the Council of Europe should indeed reflect further,
within the framework of the CCJE's terms of reference, on the
existence, structure and role of these independent bodies, which
are at the crossroads of powers (and then essential elements of
the balance between these powers), while taking into account of
the situation particularly contrasted between member states. An
Opinion is to be prepared by the CCJE on this thematic in 2007
and the achievements of this Conference, to be focused on the
main issues and aiming at addressing the way these issues should
evolve in the future, will feed the preparatory works of this
Opinion.
The
composition and duties of the bodies vary from one country to
another, so as their relationships with the executive and
legislative powers, and even with the society. The name of these
bodies is discussed as such. As the concept is similar everywhere in essence, the title of the Conference is voluntarily
unclear on this point, in an attempt to include what some would
call "high councils of the judiciary", others "councils of
justice" or any other equivalent body. The work of the
Conference aims at clarifying this diversity. |
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