Protection of Judges and the Court from Improper Influence
The High Judicial Council adopted the Rulebook on the Protection of Judges and the Court from Improper Influence on 7 December 2023, which prescribes the procedures and process for the protection of judges.
Photo: Mariellla-Wendel / Pixabay
WHAT IS CONSIDERED IMPROPER INFLUENCE ON THE COURT AND JUDGES
Improper influence on a judge in the performance of judicial duties includes all forms of conduct or actions that may undermine the judge’s authority, the impartiality of the court, and affect the course and outcome of judicial proceedings. Such influence is prohibited in order to preserve the authority and impartiality of the court. Here are several key elements considered improper influence:
Threats and coercion: Any form of threats or coercion directed at a judge is strictly prohibited. This includes physical, verbal, or any other type of threats that could affect the independence of a judicial decision.
Public office, media, and public statements: The use of public office, media, or public appearances to influence the course and outcome of judicial proceedings is not permitted. A judge must not allow public pressure or media attention to affect decision-making.
Internal improper influence by another judge: Improper influence exercised by another judge with the aim of restricting or preventing the independent and impartial performance of judicial duties is also prohibited.
In addition to the above, it is important to note that the exercise of legally prescribed rights by participants in court proceedings, reporting on the work of the court, and commenting on court decisions in accordance with regulations governing public information shall not be considered improper influence. This also includes professional analysis of judicial practice and court decisions.
For the purpose of facilitating the initiation of the procedure, we have prepared a form for submitting a request for protection from improper influence, which you can download here.
COMPETENT JUDGE
The competent judge has a key role in the process of protection from improper influence. Their responsibility includes a range of activities undertaken to ensure the independence and impartiality of the judicial function. Here are several key aspects of the role of the competent judge:
Acting upon judges’ requests: The competent judge receives requests from judges for protection from improper influence and acts in accordance with the law and established procedures.
Examining public influence: Proactively investigates the existence of improper influence in the public sphere, whether through the media, social networks, or public events, in order to identify potential threats to the independence of the judiciary.
Collecting evidence: The competent judge is authorized to gather necessary evidence and information regarding the existence of improper influence, including interviews with witnesses, collection of written documentation, or other relevant materials.
Conducting confidential interviews: May hold confidential discussions with the applicant in order to gain detailed insight into the circumstances and factual situation relating to the improper influence.
Proposing measures and convening a Council session: Based on the collected information, the competent judge submits a reasoned proposal for convening a Council session to consider the existence of improper influence.
Cooperation with institutions: Cooperates with competent institutions in order to provide training for judges on recognizing and responding to improper influence, thereby contributing to the strengthening of the integrity of the judicial system.
Keeping records: Maintains records of all cases of improper influence, including documentation, investigation results, and proposed measures to prevent recurrence.
Reporting to the Council: Periodically submits reports to the Council on their work, with particular emphasis on the factual circumstances relating to cases of improper influence.
DECISION OF THE HIGH JUDICIAL COUNCIL
Council decision-making: Decisions of the Council, adopted by a majority vote of all members, represent the final step in the process of responding to improper influence. If the Council determines that improper influence has been exerted on a judge or a court, it may take the following steps:
Publication of the decision: The Council may determine that improper influence has been exerted on the work of a judge or court, resulting in publication of the decision on the Council’s website.
Publication of a public statement: The Council may issue a public statement, hold a press conference, or address certain institutions and organizations in some way connected with the case.
Informing competent authorities: If the improper influence has been exerted by a public official, civil servant, attorney, or other persons holding a certain position, the Council may inform the competent authorities or bodies and propose the application of appropriate measures.
Communication with relevant institutions: The Council may contact the heads of authorities, establishments, institutions, associations, and other legal entities connected with the person who exerted the influence, informing them of the identified improper influence.
Cooperation with authorities and organizations: The Council may seek cooperation with other institutions and organizations for the purpose of preventive or corrective measures.
Submission to the Disciplinary Prosecutor: In cases of internal improper influence on a judge, the Council submits the decision to the Disciplinary Prosecutor for the implementation of further legal procedures.
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