Magna Carta of Judges
On the occasion of its 10th anniversary, the Advisory Council of the European Judges adopted the Magna Carta of the Judges (Basic Principles), which summarizes and regulates the main conclusions of the opinions it has already adopted. Each of these 12 Views brought to the attention of the Committee of Ministers of the Council of Europe includes additional considerations on the issues discussed in this document (see www.coe.int/ccje).
Magna Carta of Judges (Basic principles)
The rule of law and justiceadalet
1. The judiciary is one of the three forces of every democratic state. Its task is to ensure the existence of the rule of law and thus to ensure that the law is properly, fairly, fairly and effectively implemented.demokratik devletin üç kuvvetinden biridir. Görevi, hukukun üstünlüğünün mevcudiyetini teminat altına almak ve dolayısıyla hukukun tarafsız, doğru, adil ve etkin bir şekilde gereğince uygulanmasını temin etmektir.
2. The independence and impartiality of the judiciary are the basic preconditions for the functioning of justice.
3. The independence of the judiciary should be legal, functional and financial. The other forces of the State, through the highest national rules, are guaranteed for justice seekers, other judges, and the general public. The state and each judge are responsible for supporting and protecting the independence of the judiciary.
4. Independence of the judiciary; in terms of judicial activities and recruitment of judges, up to retirement age, promotion, dismissal, education, judicial, immunity, disciplines, salaries, and financing are guaranteed.
5. Decisions on selection, appointment and career issues must be based on objective criteria and must be taken by the body responsible for guaranteeing independence.
6. Disciplinary investigations should be conducted before an independent organ and should be available to a court.
7. The State shall, in consultation with the judiciary, ensure the human, financial and financial resources necessary for the proper functioning of the justice system. In order to prevent inappropriate effects, judges must be paid an adequate amount to be determined by law, and an adequate retirement plan should be provided to them.
8. Initial training and in-service training is a right and duty for judges. They are regulated under the supervision of the judiciary. Education is an important element in maintaining the quality and effectiveness of the judicial system as well as the protection of judges’ independence.
9. The judiciary shall be involved in all decisions affecting the performance of judicial functions (the organization of courts, procedures, other legislation).
10. Judges shall not be subject to any orders or instructions or to any hierarchical pressure in exercising their functions of justice and shall be bound by the law only.
11. The judges shall ensure the equality of the parties between prosecution and defense. The existence of an independent status for prosecutors is a fundamental requirement of the Rule of Law.
12. Judges have the right to become members of the national and international judge associations charged with the defense of the jurisdiction of the judiciary.
The body responsible for guaranteeing independence
13. each State to ensure the independence of judges; It should establish a Judicial Council, which is independent of the legislative and executive powers, which is equipped with broad qualifications on all matters relating to the organization, operation and image of judicial institutions, as well as on all matters relating to its statutes. The Council should be composed of judges or judges elected by their peers. The Judicial Council should be responsible for its activities and decisions.
Access to justice and transparency
14. Justice should be transparent and information on the functioning of the judicial system should be published.
15. Judges shall take steps to ensure that disputes can be resolved quickly and effectively and at reasonable prices; it contributes to the promotion of alternative dispute resolution methods.
16. Court documents and judicial decisions should be made in an understandable, simple and clear language. Judges should make justified decisions to be announced to the public within a reasonable time based on a fair and public hearing. Judges should use appropriate case management methods.
17. The implementation of court decisions is an essential element of the right to a fair trial and is also a guarantee of the effectiveness of justice.
Ethics and responsibility
18. Deontological principles which are separate from the disciplinary rules of the judges are guided by their actions. These should be prepared by the judges themselves and should be included in their training.
19. In each State, the law or the basic declaration applicable to the judges should determine the disciplinary procedure and the behavior that may lead to disciplinary action.
20. Judges are criminally liable under the ordinary law for offenses committed outside their jurisdiction. Judges shall not be held liable for unintentional errors during the performance of their duties.
21. The remedy for judicial errors should be based on an appropriate appeal system. Any other remedies in the administration of justice shall apply only to the State.
22. It is not appropriate to subject a judge to any personal liability, even in the form of compensation for the State, in relation to allegations concerning the performance of judicial duties, with the exception of intentional defects.
23. These principles apply to judges of all European courts and international courts, taking into account the necessary amendments.
This text is an informal translation translated into Turkish with the contribution of the Council of Europe.