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General Summing up of the proceedings and debates

General Summing up of the proceedings and debates. Dr iur Julia Laffranque (Estonia) Justice at the Supreme Court Vice chair of the CCJE. What role does the Council play?. Probably no single European model possible at this stage

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General Summing up of the proceedings and debates

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  1. General Summing up of the proceedings and debates Dr iur Julia Laffranque (Estonia) Justice at the Supreme Court Vice chair of the CCJE

  2. What role does the Council play? • Probably no single European model possible at this stage • However, it is important to give guidelines, to set common general principles by taking into account the cultural traditions

  3. What role does the Council play? • More and more countries move gradually towards a special organ which has the task to guarantee the independence of judiciary • More important than the structure is the effectiveness of such organs • Goals: independence, efficiency, but also responsibility of the judiciary

  4. What should be reflected in the composition of the Council? • Mostly it was agreed that there should be a mixed setup • There should be a balanced setup with a reflection of social diversity

  5. What should be reflected in the composition of the Council? • Of course the setup depends on the tasks of the Council • The appointment of the members needs further elaboration: should the judge-members be elected and should there be limits to the renewal of their term?

  6. Is the protection and promotion of the image of justice part of the Council’s duties? • Yes! • Image of justice; independence and at the same time responsibility • Transparency – also in disciplinary matters(?) • It is important to communicate (see also Opinion number 7 CCJE)

  7. Which duties must the Council take to serve the Community? • Power to appoint and/or propose judicial appointments • Discipline and professional ethics

  8. Which duties must the Council take to serve the Community? • Budgetary matters and administration of the courts • Training of judges • The power to give opinions

  9. Points and suggestions for further elaboration • Increase the independence of the Council and similar bodies by guaranteeing their budget • Clarify the tasks of the Council or similar bodies especially in disciplinary matters as well as the competence to give opinions • Try to find some guidelines for the composition of the Council and similar bodies • Ensure harmony between the composition of the Council and similar bodies and the civil society • Strengthen the statute of the members of the Council or similar bodies

  10. Points and suggestions for further elaboration • Stress the importance of co-operation between the Council/similar bodies and the Council/similar bodies for administrative jurisdiction • Stress the importance of co-operation between the Council/similar bodies and the Council/similar bodies of prosecutors • Stress the importance of co-operation between the Council/similar bodies and the judges’ associations • Stress the importance of co-operation on European level

  11. Good luck!

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