In the face of evolution in the recruitment of judges, management of the judicial corps and the statutory and ethical rules which govern the exercise of their role, this session will present an update on statutory questions and the liability of judges and will verify how the principles of independence and impartiality are guaranteed today.
The following will be addressed:
- ethical rules applicable to judges
- positive law and the perspectives concerning liability of judges especially through the evaluations of chief judicial officers, the Ministry and the jurisprudence of the Supreme Magistrates’ Council
- the practice of evaluation and the role of the Commission on Promotion in the case of disputes over the attribution of variable bonuses and of the oversight exercised by the Council of State
- transfer practices and the roles played respectively by the Direction des Services Judiciaires, the human resources manager, the Commission on Promotion and the Supreme Magistrates’ Council in preparing "transparency" and its reconciliation with magistrate career management policy.
To enrich the discussion, we will draw especially on foreign experiences as well as the rules applicable to administrative judges.
With presentations from all authorities with responsibility for the liability and ethics of judges, this session presents not only an update on matters of jurisprudence and practice, but also a behind the scenes look at nominations and debates concerning the questions raised by this theme.