Perceptions of the Independence of Judges in Europe PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Perceptions of the Independence of Judges in Europe PDF full book. Access full book title Perceptions of the Independence of Judges in Europe by Frans van Dijk. Download full books in PDF and EPUB format.
Author: Frans van Dijk
Publisher: Springer Nature
ISBN: 3030631435
Category : Political Science
Languages : en
Pages : 113
Get Book Here
Book Description
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Author: Frans van Dijk
Publisher: Springer Nature
ISBN: 3030631435
Category : Political Science
Languages : en
Pages : 113
Get Book Here
Book Description
This open access book is about the perception of the independence of the judiciary in Europe. Do citizens and judges see its independence in the same way? Do judges feel that their independence is respected by the users of the courts, by the leadership of the courts and by politicians? Does the population trust the judiciary more than other public institutions, or less? How does independence of the judiciary work at the national level and at the level of the European Union? These interrelated questions are particularly relevant in times when the independence of the judiciary is under political pressure in several countries in the European Union, giving way to illiberal democracy. Revealing surveys among judges, lay judges and lawyers - in addition to regular surveys of the European Commission - provide a wealth of information to answer these questions. While the answers will not please everyone, they are of interest to a wide audience, in particular court leaders, judges, lawyers, politicians and civil servants.
Author: Peter-Alexis Albrecht
Publisher: BWV Verlag
ISBN: 3830517017
Category : Judicial independence
Languages : en
Pages : 243
Get Book Here
Book Description
HauptbeschreibungThe Consultative Council of European Judges at the Council of Europe (CCJE) rightly characterized judicial autonomy, that is, the independence of impartiality of the third state power, as a ""structured requirement of a state governed by the rule of law"" (cf. position no. 8 from no. 10/2007 in the appendix). To do justice to the principle of the separation of powers as an accomplishment of the European Enlightenment, the autonomy of the third power must be subject to the same basic principles throughout Europe as the European Union draws closer together. Until this.
Author: Graham Gee
Publisher: Cambridge University Press
ISBN: 1316240533
Category : Law
Languages : en
Pages : 307
Get Book Here
Book Description
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author:
Publisher:
ISBN: 9789276201335
Category :
Languages : en
Pages :
Get Book Here
Book Description
This Flash Eurobarometer survey explores respondents' perceptions about the independence of the judiciary across EU Member States. This survey was commissioned by the European Commission's Directorate-General for Justice and Consumers, and follows on previous surveys on this topic in 2016, 2017, 2018 and 2019. The results of these surveys feed into the EU Justice Scoreboard, which provides data on the quality, efficiency and independence of national justice systems. The Scoreboard helps the EU achieve more effective justice, which contributes to economic growth in the EU. The survey explores: Respondents' perceptions of the independence of courts and judges in their country; The reasons for these perceptions, both positive and negative. Results will be presented from an EU, country and socio-demographic perspective, and will be compared to previous surveys on this topic, and particularly the similar surveys in 2019 (EB Flash 474), 2018 (EB Flash 461), 2017 (EB Flash 447) and in 2016 (EB Flash 435). Between the 6th and 11th January 2020, 26,578 respondents from different social and demographic groups were interviewed via telephone (mobile and fixed line) in their mother tongue on behalf of Directorate-General for Justice and Consumers. At the time of fieldwork, the UK was still a member of the European Union, and therefore results from the UK are included in the report. The methodology used is that of Eurobarometer surveys as carried out by the Directorate-General for Communication ("Media Monitoring and Eurobarometer" Unit). A technical note on the manner in which interviews were conducted by the Institutes within the Kantar network is annexed to this report. Also included are the interview methods and confidence intervals.
Author: Shimon Shetreet
Publisher: BRILL
ISBN: 9004421556
Category : Law
Languages : en
Pages : 588
Get Book Here
Book Description
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.
Author:
Publisher:
ISBN: 9789276522133
Category :
Languages : en
Pages :
Get Book Here
Book Description
This Flash Eurobarometer survey explores EU citizens' perceptions about the independence of the judiciary across the 27 EU Member States. The results of these surveys feed into the EU Justice Scoreboard, which provides data on the efficiency, quality, and independence of national justice systems - essential parameter of effective justice systems. Effective justice systems are essential for implementing EU law and for upholding the rule of law and the values upon which the EU is founded. Effective justice systems are also essential for mutual trust, the investment climate and the sustainability of long-term growth. This Flash Eurobarometer survey explores: EU citizens' perceptions of the independence of courts and judges in their country; The reasons for these perceptions, both positive and negative. For this Flash Eurobarometer, a representative sample of EU citizens, aged 15 and over, in each of the 27 EU Member States was interviewed. Between 17 and 24 January 2022, 25 767 interviews were conducted over the telephone (landline and mobile phones) by Ipsos European Public Affairs. Results are presented from an EU, country and socio-demographic perspective, and are compared to the results of the previous survey in this series, conducted in March and April 2021 (Flash Eurobarometer 489). Survey data are weighted to known population proportions. The EU27 averages are weighted according to the size of the 15+ population of each Member State. A technical note on the methods applied to conduct the survey is appended as an annex to this report.
Author: Armin von Bogdandy
Publisher: Springer Nature
ISBN: 366262317X
Category : Law
Languages : en
Pages : 478
Get Book Here
Book Description
This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Author:
Publisher:
ISBN: 9789268026175
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This Flash Eurobarometer survey explores the opinions of companies about the independence of the judiciary across the 27 EU Member States. This survey was commissioned by the European Commission's Directorate-General for Justice and Consumers and follows previous surveys on this topic conducted yearly since 2016. The results of these surveys feed into the EU Justice Scoreboard, which provides data on the efficiency, quality, and independence of national justice systems - essential parameters of effective justice systems. Effective justice systems are vital for implementing EU law and upholding the rule of law and the values upon which the EU is founded. Effective justice systems are also essential for mutual trust, the investment climate and the sustainability of long-term growth. This Flash Eurobarometer survey explores: How companies perceive the independence of courts and judges in their country ; The reasons for these perceptions, both positive and negative ; Whether companies have confidence in the protection of their investments by law and courts ; The reasons for concerns about the effectiveness of this protection.
Author: Lorne Neudorf
Publisher: Springer
ISBN: 3319498843
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving ‘true judicial independence’ as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the ‘pragmatic and context-sensitive theory’, which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.
Author:
Publisher:
ISBN: 9789276402749
Category :
Languages : en
Pages :
Get Book Here
Book Description
This Flash Eurobarometer survey explores opinions of companies about the independence of the judiciary across the 27 EU Member States. This survey was commissioned by the European Commission's Directorate-General for Justice and Consumers, and follows on previous surveys on this topic conducted yearly since 2016. The results of these surveys feed into the EU Justice Scoreboard, which provides data on the efficiency, quality, and independence of national justice systems - essential parameter of effective justice systems. Effective justice systems are essential for implementing EU law and for upholding the rule of law and the values upon which the EU is founded. Effective justice systems are also essential for mutual trust, the investment climate and the sustainability of long-term growth. This Flash Eurobarometer survey explores: How companies perceive the independence of courts and judges in their country; The reasons for these perceptions, both positive and negative.
