Knowledge for Justice

Knowledge for Justice

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Reclutamento, formazione e carriera dei magistrati PDF Stampa


Recruitment, professional evaluation and career of judges and prosecutors in Europe: Austra, France, Germany, Italy and the Netherlands
Giuseppe Di Federico (Eds), 2005

A research on the functioning of recruitment, professional evaluation, career, and discipline of judges and prosecutors in different countries has both scientific and practical implications. In analysing and comparing those features in various judicial systems, the values of independence and impartiality are in many ways revealed in their multifaceted aspects. In fact, the higher the actual guarantees of professional qualifications in the various systems, the higher also are the guarantees of independent and impartial behaviour of the judge (insofar as his technical preparation and his deeply rooted professional values make him far less likely to be receptive to improper external influences). Furthermore the empirical analysis of who does what and how in performing those functions in the various judicial systems (the Ministry of justice, the judicial councils, elected representatives of the judiciary, the judicial hierarchy, etc.) illustrates also the varying conceptions of internal and external judicial independence operating in the different countries. The comparative analysis of the solutions adopted by the six countries also provides basic information needed to evaluate important features of the relation between judicial independence and judicial accountability: in particular it raises the question of what is the proper balance between the protection of judicial independence in the evaluation of professional performance on the one hand and other no less important values like those of guaranteeing the citizens judicial efficiency and high professional qualifications of those that have the solemn responsibility to administer justice. As the reader of the papers here published will readily notice the six judicial systems do present often noticeable differences concerning all the aforementioned issues.


 

 
 
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