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NCJRS Abstract

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NCJ Number: 158476 Find in a Library
Title: Role of the Judicial Service Commission
Corporate Author: Council of Europe
Date Published: 1995
Page Count: 225
Sponsoring Agency: Council of Europe
F-67075 Strasbourg, France
Council of Europe Publications
F-67075 Strasbourg Cedex, France
Publication Number: ISBN 92-871-2759-X
Sale Source: Council of Europe Publications
F-67075 Strasbourg Cedex,
Type: Conference Material
Language: English
Country: France
Annotation: These proceedings of a multilateral meeting, organized as part of the program of cooperation among central and eastern European countries, focus on the role of the Judicial Service Commission in its role of guaranteeing and protecting the independence of the judiciary.
Abstract: In focusing on the independence of judicial power, representatives of Germany and Spain present papers on the judicial power in the constitution, the principle of the separation of powers, and the practical application of the rule of law. Representatives from Portugal, Italy, and Spain discuss the Judicial Service Commission as an institutional guarantee of the impartiality of judges and the independence of justice. Sixteen papers address the current situation, experiences, and difficulties encountered in various central and eastern European countries with regard to the independence of judges; the papers argue for the necessity to create a Judicial Service Commission. A representative from Switzerland discusses how to guarantee the independence of judges in western Europe, followed by a paper by the Spanish representative on models for the management of judicial power. Other topics considered in the remaining presentations are the role of the Judicial Service Commission and/or the Ministry of Justice, judicial administration systems, the role of the national judge in the trial and the application of the European Convention on Human Rights, and the role of the Judicial Service Commission as a guarantor of judicial independence. Appended meeting agenda and a list of participants
Main Term(s): Foreign courts
Index Term(s): Europe; Judicial discretion; Judicial independence
Note: Proceedings of the multilateral meeting organized by the Council of Europe jointly with the General Council of the Judiciary of Spain, held in Madrid, Spain, November 9-11, 1993.
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