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Perceptions of the Independence of Judges in Europe

Author: Frans van Dijk

Publisher: Springer Nature

Published: 2020-12-14

Total Pages: 113

ISBN-13: 3030631435

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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.

Book Synopsis Perceptions of the Independence of Judges in Europe by : Frans van Dijk

Download or read book Perceptions of the Independence of Judges in Europe written by Frans van Dijk and published by Springer Nature. This book was released on 2020-12-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Independence

Author: Carl Baudenbacher

Publisher: Springer

Published: 2019-01-30

Total Pages: 520

ISBN-13: 3030023087

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This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Book Synopsis Judicial Independence by : Carl Baudenbacher

Download or read book Judicial Independence written by Carl Baudenbacher and published by Springer. This book was released on 2019-01-30 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about law, but it is not a law book. It is aimed at all interested contemporaries, lawyers and non-lawyers alike. Richly seasoned with personal memories and anecdotes, it offers unique insights into how European courts actually work. It is generally assumed that independence is part and parcel of the role and function of a judge. Nevertheless, European judges sometimes face difficulties in this regard. Owing to their being nominated by a government, their limited term of appointment, and the possibility of being reappointed or not, their judicial independence can be jeopardized. Certain governments have a track record of choosing candidates who they believe they can keep on a leash. When this happens, private parties are at risk of losing out. The EFTA Court is under even more pressure, since the EEA/EFTA states Iceland, Liechtenstein and Norway essentially constitute a pond with one big fish (Norway) and two minnows. For quite some time now, certain Norwegian protagonists have sought to effectively transform the EEA into a bilateral agreement with the EU. This attitude has led to political implications that have affected the author himself. The independence of the EFTA Court is also endangered by the fact that it operates alongside a large sister court, the Court of Justice of the European Union. And yet the EFTA Court has established its own line of jurisprudence and its own judicial style. It has remained faithful to specific EFTA values, such as the belief in free trade and open markets, efficiency, and a modern view of mankind. During the first 24 years of its existence, it has even had an over-proportionate influence on ECJ case law. Since EEA Single Market law is economic law, the importance of economics, an often-overlooked aspect, is also addressed. In closing, the book explores Switzerland’s complicated relationship with, and Britain’s impending departure from, the EU. In this regard, it argues that the EFTA pillar should be expanded into a second European structure under British leadership and with Swiss participation.

Judiciaries within Europe

Author: John Bell

Publisher: Cambridge University Press

Published: 2006-08-10

Total Pages: 384

ISBN-13: 113945868X

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An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.

Book Synopsis Judiciaries within Europe by : John Bell

Download or read book Judiciaries within Europe written by John Bell and published by Cambridge University Press. This book was released on 2006-08-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth study, originally published in 2006, of the careers and roles of judges in France, Germany, Spain, Sweden and England, this book is based on original language materials and investigations of judges and judicial institutions in each country. On the basis of these detailed case studies, the book suggests factors that shape the character of the judiciary in different countries, focusing on issues such as women's careers and the relationship between judicial careers and politics. Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication.

Independence, Efficiency, and Role of Judges

Author: Council of Europe. Committee of Ministers

Publisher: Manhattan Publishing Company

Published: 1995

Total Pages: 36

ISBN-13:

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Scope of the recommendation

Book Synopsis Independence, Efficiency, and Role of Judges by : Council of Europe. Committee of Ministers

Download or read book Independence, Efficiency, and Role of Judges written by Council of Europe. Committee of Ministers and published by Manhattan Publishing Company. This book was released on 1995 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of the recommendation

Perceived Independence of the National Justice Systems in the EU Among Companies

Author:

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9789268026175

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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.

Book Synopsis Perceived Independence of the National Justice Systems in the EU Among Companies by :

Download or read book Perceived Independence of the National Justice Systems in the EU Among Companies written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of Judicial Independence in the UK's Changing Constitution

Author: Graham Gee

Publisher: Cambridge University Press

Published: 2015-03-12

Total Pages: 307

ISBN-13: 1316240533

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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.

Book Synopsis The Politics of Judicial Independence in the UK's Changing Constitution by : Graham Gee

Download or read book The Politics of Judicial Independence in the UK's Changing Constitution written by Graham Gee and published by Cambridge University Press. This book was released on 2015-03-12 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Defending Checks and Balances in EU Member States

Author: Armin von Bogdandy

Publisher: Springer Nature

Published: 2021-01-05

Total Pages: 478

ISBN-13: 366262317X

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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.

Book Synopsis Defending Checks and Balances in EU Member States by : Armin von Bogdandy

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Perceived Independence of the National Justice Systems in the EU Among the General Public

Author:

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9789276201335

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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.

Book Synopsis Perceived Independence of the National Justice Systems in the EU Among the General Public by :

Download or read book Perceived Independence of the National Justice Systems in the EU Among the General Public written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Perceived Independence of the National Justice Systems in the EU Among the General Public

Author:

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9789268026205

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This Flash Eurobarometer survey explores EU citizens' perceptions about the independence of the judiciary across the 27 EU Member States. The 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 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.

Book Synopsis Perceived Independence of the National Justice Systems in the EU Among the General Public by :

Download or read book Perceived Independence of the National Justice Systems in the EU Among the General Public written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Flash Eurobarometer survey explores EU citizens' perceptions about the independence of the judiciary across the 27 EU Member States. The 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 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.

Perceived Independence of the National Justice Systems in the EU Among Companies

Author:

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9789276402749

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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.

Book Synopsis Perceived Independence of the National Justice Systems in the EU Among Companies by :

Download or read book Perceived Independence of the National Justice Systems in the EU Among Companies written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.