Thursday, 24 July 2008

Judicial Ethics

Article 21 ECHR provides that the Court's judges shall be of high moral character, qualified, impartial and independent. These criteria have been further specified in the Rules of Court. Apparently, this was not sufficient - or at least not sufficiently known to the general public. Thus, the Court drew up a new and very short public document last month: a Resolution on Judicial Ethics (adopted by the Court on 23 June 2008). The document outlines the judges duties and responsibilities in relation to e.g. other functions, conflicts of interests, and favours and advantages. Although the text offers little more than one could reasonably infer from the Convention and Rules of Court, it is a clear and handy overview of a judge's responsibilities. They provide the underlying principles of the criteria contained in the Convention. Hopefully it will serve its purpose.

3 comments:

Vitalie.ZAMA said...

In mine perception, the respective norms are quite general. Is mine perception correct? If yes, how it will affect its applicability?

Antoine Buyse said...

The norms are indeed quite general, but they are provided as a framework of good conduct for the judges and they also serve to show the outside world what it can (and cannot) expect from the judges.

Vitalie.ZAMA said...

Antoine,

firstly, I have to thank you for your answer!

secondly, the issue of "generality" of the norms, the extent of "generality" and the effects of "generality" of certain norms is of great interest for me, that's why I touched these issue.

I am wondering how to find the perfect balance between "generalizing" and "narrowing" of certain norms in order not to deliver dead norms. Or, some interpretations of the norms might affect their value.