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Commissioner calls on the authorities of San Marino to refrain from actions jeopardising the independence of the judiciary

Letter
Strasbourg 15/09/2020
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Commissioner calls on the authorities of San Marino to refrain from actions jeopardising the independence of the judiciary

In a letter addressed to the Minister for Foreign Affairs of San Marino, the Commissioner raises a number of concerns relating to recent developments concerning the judiciary in San Marino.

Referring to the communications she has received from representatives of the Sammarinese judiciary in recent months concerning allegations of undue interference with the judiciary by the executive and the legislature, the Commissioner recalls a number of important principles and European standards that underpin the rule of law and the enjoyment of human rights. These standards highlight the essential role of judicial councils, which must be firmly established in law and made up in their majority of members of the judiciary elected by their peers. They also include the requirement that objective, pre-established criteria must be applied when allocating cases to individual judges.

The Commissioner considers that the best way of dealing with such allegations and allaying these concerns would be to make full use of the assistance and guidance of specialised Council of Europe bodies, such as the Venice Commission, the Consultative Council of European Judges and the Group of States against Corruption (GRECO).