Perceptions of the Independence of Judges in Europe

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Publisher : Springer Nature
ISBN 13 : 3030631435
Total Pages : 113 pages
Book Rating : 4.0/5 (36 download)

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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.

Strengthen the Judiciary's Independence in Europe!

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Author :
Publisher : BWV Verlag
ISBN 13 : 3830517017
Total Pages : 243 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Strengthen the Judiciary's Independence in Europe! by : Peter-Alexis Albrecht

Download or read book Strengthen the Judiciary's Independence in Europe! written by Peter-Alexis Albrecht and published by BWV Verlag. This book was released on 2009-01-01 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Author :
Publisher :
ISBN 13 : 9789276201335
Total Pages : pages
Book Rating : 4.2/5 (13 download)

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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.

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

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316240533
Total Pages : 307 pages
Book Rating : 4.3/5 (162 download)

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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.

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

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Author :
Publisher :
ISBN 13 : 9789276522133
Total Pages : pages
Book Rating : 4.5/5 (221 download)

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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 2022 with total page 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 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.

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

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Author :
Publisher :
ISBN 13 : 9789268026175
Total Pages : 0 pages
Book Rating : 4.0/5 (261 download)

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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.

Defending Checks and Balances in EU Member States

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Publisher : Springer Nature
ISBN 13 : 366262317X
Total Pages : 478 pages
Book Rating : 4.6/5 (626 download)

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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 Companies

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Author :
Publisher :
ISBN 13 : 9789276402749
Total Pages : pages
Book Rating : 4.4/5 (27 download)

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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.

The Dynamics of Judicial Independence

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Author :
Publisher : Springer
ISBN 13 : 3319498843
Total Pages : 262 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Dynamics of Judicial Independence by : Lorne Neudorf

Download or read book The Dynamics of Judicial Independence written by Lorne Neudorf and published by Springer. This book was released on 2017-02-22 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Judicial Independence in the Age of Democracy

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Publisher : University of Virginia Press
ISBN 13 : 9780813920153
Total Pages : 342 pages
Book Rating : 4.9/5 (21 download)

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Book Synopsis Judicial Independence in the Age of Democracy by : Peter H. Russell

Download or read book Judicial Independence in the Age of Democracy written by Peter H. Russell and published by University of Virginia Press. This book was released on 2001 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading scholars of constitutional law looks at a critical component of constitutional democracy--judicial independence--from an international comparative perspective. Peter H. Russell's introduction outlines a general theory of judicial independence, while the contributors analyze a variety of regimes from the United States and Latin America to Russia and Eastern Europe, Western Europe and the United Kingdom, Australia, Israel, Japan, and South Africa. Russell's conclusion compares these various regimes in light of his own analytical framework.

Networking the Rule of Law

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409433056
Total Pages : 197 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Networking the Rule of Law by : Dr Daniela Piana

Download or read book Networking the Rule of Law written by Dr Daniela Piana and published by Ashgate Publishing, Ltd.. This book was released on 2015-12-28 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. This volume seeks to improve our understanding of how networks function, the extent to which they matter in the governance of a constitutional democracy and with what consequences networks interact with hierarchical institutions that still exist within the States. The authors also examine the way the networks cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether they are independent of the leadership of their members.

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

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Author :
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (13 download)

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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 2017 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Flash Eurobarometer survey was commissioned by the European Commission's Directorate- General for Justice and Consumers. It was designed to explore companies' perceptions about the independence of the judiciary across EU Member States, and follows on from a previous survey in 2016. The results feed into the EU Justice Scoreboard, which provides an overview of the quality, independence and efficiency of EU Member States' justice systems. It also assists Member States to achieve more effective justice systems, which contributes to economic growth in the EU. The survey particularly explores: - How companies rate the independence of the courts and judges in their country, and - The reasons for these ratings. The more detailed analysis of the results at country level, company characteristic level, as well as trends since the last survey are presented in the full report. The survey was carried out by TNS Political and Social network in the 28 Member States of the European Union between 25 January and 3 February 2017. Some 6,803 interviews were conducted among enterprises employing one or more persons in manufacturing (NACE category C), services (NACE categories G, H, I, J, K, L, M, N) and industry (NACE categories B, D, E, F). The sample was selected from an international database, with an additional sample from local sources where necessary. Interviews were conducted with key company decision-makers over the telephone in their mother tongue on behalf of the European Commission, Directorate-General for Justice and Consumers. The methodology used is that of Eurobarometer surveys as carried out by the Directorate-General for Communication ("Strategic Communication" Unit). A technical note on the manner in which interviews were conducted by the Institutes within the TNS Political and Social network is appended as an annex to the full version of the report. Also included are the interview methods and confidence intervals

European Yearbook of Constitutional Law 2019

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Publisher : Springer Nature
ISBN 13 : 9462653593
Total Pages : 338 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis European Yearbook of Constitutional Law 2019 by : Ernst Hirsch Ballin

Download or read book European Yearbook of Constitutional Law 2019 written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2019-12-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This inaugurate volume examines the safeguards and limits of judicial power in a variety of constitutional systems, both at the national and supranational level. The book approaches the judiciary as part of the constitutional system operating within a legal order that connects the citizens and institutions of the state to each other. Looking at the judiciary from this broader perspective, the traditional doctrine of the separation of powers would appear no longer to adequately represent the diversity and complexity of constitutional systems and their democratic legitimacy. Judicial independence does not mean isolation, but should better be understood as institutionalizing relationships that legitimize the power of the courts. The notions of ‘safeguards’ and ‘limits’ indicate the reciprocally enabling and protecting nature of these relationships. In recognition of this, the contributions to this volume analyse these safeguards and limits as relations existing within a complex constitutional architecture. State institutions, today, are involved in a fundamental transformation of their selfunderstanding as a result of changes in political culture. Several contributions to this volume provide examples of political criticism and pressure on the judiciary, against which the usual guarantees are unable to provide adequate protection. A convincing and effective response to threats to the judiciary’s independence requires a detailed and precise analysis of the judiciary’s constitutional safeguards and limits. This book offers a step in that direction.

Judicial Dis-Appointments

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Publisher : Oxford University Press, USA
ISBN 13 : 0198868855
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Judicial Dis-Appointments by : Mitchel de S.-O.-l'E. Lasser

Download or read book Judicial Dis-Appointments written by Mitchel de S.-O.-l'E. Lasser and published by Oxford University Press, USA. This book was released on 2020-10-08 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent reforms to their judicial appointments processes, with the result that many of the candidates proposed by Member State governments were rejected. This book examines the rationale behind these reforms from the point of view of the Member States.

The Future of Legal Europe: Will We Trust in It?

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Publisher : Springer Nature
ISBN 13 : 3030682536
Total Pages : 875 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Future of Legal Europe: Will We Trust in It? by : Gavin Barrett

Download or read book The Future of Legal Europe: Will We Trust in It? written by Gavin Barrett and published by Springer Nature. This book was released on 2021-05-12 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this Liber Amicorum, around 50 contributors from the legal and judicial professions, from academia and from politics pay tribute to Dr Wolfgang Heusel, the Director of the Academy of European Law (ERA) in Trier from 2000 to 2020. The contributions provide a thorough analysis of some of the most relevant legal and political challenges faced by the European Union, including in the fields of data protection rules, artificial intelligence, the rule of law, human rights protection, institutional reform of the EU and changes in the legal and judicial professions. The book is primarily aimed at postgraduate students, legal practitioners and scholars interested in EU legal matters.

Human Rights In The Administration Of Justice

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Publisher : New York and Geneva : United Nations
ISBN 13 : 9789211541410
Total Pages : 885 pages
Book Rating : 4.5/5 (414 download)

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Book Synopsis Human Rights In The Administration Of Justice by : United Nations. Office of the High Commissioner for Human Rights

Download or read book Human Rights In The Administration Of Justice written by United Nations. Office of the High Commissioner for Human Rights and published by New York and Geneva : United Nations. This book was released on 2003-12-01 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Judicial Independence in Transition

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Publisher : Springer Science & Business Media
ISBN 13 : 3642282997
Total Pages : 1367 pages
Book Rating : 4.6/5 (422 download)

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Book Synopsis Judicial Independence in Transition by : Anja Seibert-Fohr

Download or read book Judicial Independence in Transition written by Anja Seibert-Fohr and published by Springer Science & Business Media. This book was released on 2012-04-25 with total page 1367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strengthening the rule of law has become a key factor for the transition to democracy and the protection of human rights. Though its significance has materialized in international standard setting, the question of implementation is largely unexplored. This book describes judicial independence as a central aspect of the rule of law in different stages of transition to democracy. The collection of state-specific studies explores the legal situation of judiciaries in twenty states from North America, over Western, Central and South-Eastern Europe to post-Soviet states and engages in a comparative legal analysis. Through a detailed account of the current situation it takes stocks, considers advances in and shortcomings of judicial reform and offers advice for future strategies. The book shows that the implementation of judicial independence requires continuous efforts, not only in countries in transition but also in established democracies which are confronted with ever new challenges.