Regional OSCE/ODIHR expert meeting discusses challenges to judicial independence
KYIV, 23 June 2010 - Experts from the OSCE region are discussing challenges to judicial independence in Eastern Europe, South Caucasus and Central Asia at an OSCE-organized workshop that started in Kyiv today.
The three-day meeting will serve to identify lessons learned and good practices from participating States and recommend concrete actions both for States and the OSCE on how to further advance judicial independence.
The OSCE Office for Democratic Institutions and Human Rights (ODIHR) organized the workshop together with the Heidelberg-based Max Planck Institute for Comparative Public Law and International Law with support from the OSCE Project Co-ordinator in Ukraine. Participants include prominent law professors and experts from the Council of Europe, including its Venice Commission.
"Judicial independence is a centerpiece of the OSCE's rule of law commitments," said Carsten Weber, Chief of ODIHR's Rule of Law Unit, adding that participating States have repeatedly committed themselves to establishing and maintaining independent judiciaries.
"It is time to take stock of achievements and discuss with the expert community how participating States and the OSCE should move forward."
Meeting topics include the role of judicial councils responsible for selecting judges and overseeing disciplinary proceedings in decreasing executive influence over judiciaries. Representation of other branches of government in the councils to preserve democratic legitimacy will also be discussed.
Criteria and procedures for the selection of judges will also be discussed, as will the balance between the need for judges' independence in decision-making and the need to hold them accountable in cases of professional misconduct.
Anja Seibert-Fohr, the Head of the Minerva Research Group on Judicial Independence of the Max Planck Institute, said: "Despite existing national differences in how to guarantee judicial independence, the OSCE offers a unique platform for those involved in rule-of-law reforms to exchange experiences and to consider new avenues for implementation."
The recommendations emerging from the workshop will be shared with participating States to serve as a basis for further reform efforts.