Discussion Guide Template for Substantive Sessions

Transcription

1 Discussion Guide Template for Substantive Sessions Launch of the Global Judicial Integrity Network (9-10 April 2018, United Nations Vienna) This form provides guidance to the organizations that will coordinate sessions to address one of the conference s work streams. The Conference s main goal is to officially launch the Global Network and to kick start its activities by engaging participants in substantive exchanges and discussions on topics, approaches and emerging good practices related to the strengthening of judicial integrity and preventing corruption in the justice system. As such, the Conference will work under three streams: Strengthening Judicial Integrity & Accountability Preventing Corruption in the Justice System Assessing and Monitoring Integrity A session lasts approximately 90 minutes 1 and must provide for sufficient time to allow for Q&A or any other engagement of the audience. Roundtables and guided discussions are ideal formats for sessions, in order to achieve concrete and substantive inputs and conclusions from each session. Each organization coordinating a session is required to prepare a 5 to 10 pages max. discussion guide for their sessions (Times New Roman, 12 pt, single space). The objective of this document is to provide guidance to the session moderator, panellists and the session rapporteur, in a way that promotes a targeted, concrete and inclusive debate about the topic of the session. The guide should also be distributed to participants, as background information for the sessions. The discussion guide must cover the following areas: 1. Introduction of the topic providing background information on the issue to be addressed in the session. The information should include, whenever possible, reference to academic materials, surveys, publications or other reference material, as well as an overall summary of the experiences, practices and challenges to date under the topic; 1 Sessions might have to last 80min. to accommodate the schedule of interpreters. 1

2 2. Outline the main issues to be addressed during the session reference to what aspects of the topic each panellist will be addressing is also welcome; 3. Propose specific questions to facilitate the discussions during the session the objective is to guide the work of the moderator, foster targeted interventions from panellists and inform the audience about the starting point of the discussions. All discussion guides will be later incorporated to the library of resources of the Global Judicial Integrity Network, along with the session report prepared by organizers, as relevant resources on judicial integrity and the prevention of corruption within the justice system. Further guidance on the reports will also be provided. Background With a view to provide sustained support and technical assistance to Member States in implementing the Doha Declaration s goals, UNODC launched in 2016 a Global Programme for Promoting a Culture of Lawfulness, with the support of the State of Qatar. The four-year programme covers specific areas addressed in the Doha Declaration, including strengthening judicial integrity and the prevention of corruption in the justice system. One of the key objectives of the Global Programme is the establishment of a Global Judicial Integrity Network. Deadline for Submissions: Discussion guides should be submitted until 23 March How to Submit: By addressed to unodc-judicialintegrity@un.org In case of further questions, please contact: Ms. Roberta Solis Crime Prevention and Criminal Justice Officer Judicial Integrity Team Leader United Nations Office on Drugs and Crime T: M: E: roberta.solis@un.org W: 2

3 I. TITLE OF THE SESSION: Title of the Session: Topic of the session: Organizer(s): Contact information of the session coordinator: Brief presentation of the organizer(s): (max. 300 words) Drafting Codes of Conduct- Do s and Don t s How to draft strong and effective codes of conduct for the Judiciary European Network of Councils for the Judiciary (ENCJ) Nuria Díaz Abad The ENCJ is an association established in 2004 of the bodies governing the Judiciary in Europe. It consists of 24 Members out of 20 Member States of the European Union (EU) and 15 Observers, amongst them the Court of Justice of the European Union. Our principal objectives are the improvement of cooperation between and good mutual understanding amongst the Councils for the Judiciary and the members of the Judiciary of the EU Member States and candidate Member States, which includes the exchange of experience in relation of how the Judiciary is organized and the reinforcement of an independent and accountable Judiciary for the benefit of all citizens. Over the years the ENCJ has worked on important relevant topics for the Judiciary, identifying minimum standards and relevant indicators for the justice sector in fields such as access to justice, recruitment, appointment and promotion of judges, independence and accountability, quality of justice, judicial reform, training judges and judicial integrity. ENCJ is a unique body representing the judicial perspective to European institutions and a centre of a vibrant for the Judiciary across Europe. II. BRIEF INTRODUCTION OF MODERATOR AND PANELLISTS: Moderator: Nuria Díaz Abad President European Network of Councils for the Judiciary 3

4 PANELLISTS Grzegorz Borkowski Polish judge International standards in the field of judicial ethics. The Polish experience Wenceslao Olea Godoy President of the Disciplinary Commission Spanish General Council for the Judiciary (CGPJ) Disciplinary proceedings vs ethical rules Horatius Dumbrava Trainer National Training Institute of Judges of Romania Practical guide to judicial ethics Caroline Pellerin-Rugliano Attaché to the Registrar Court of Justice of the European Union (CJEU) A Code of ethics for the CJEU III. BACKGROUND INFORMATION ON THE TOPIC: The ENCJ adopted in 2010 a report on judicial ethics and the London Declaration on judicial ethics. The report establishes principles, values and qualities of professional conduct for judges. Judicial ethics have been addressed in a positive manner to emphasize the common, founding values of the judge s work to respond to the public expectations. The report identifies independence, integrity, impartiality, reserve and discretion, respect and the ability to listen, equality of treatment, competence and transparency as the common values of a judge. A judge must be aware that his professional behaviour, his private life and his conduct in society have an influence on the image of justice and public confidence. The report also enumerates qualities or virtues of a judge. A judge should perform his role with wisdom, 4

5 loyalty, humanity, courage, seriousness and prudence, while having the capacity to listen, communicate and work. In the London Declaration the ENCJ, considering that the affirmation of shared principles and values on a European level strengthens mutual understanding and thus mutual confidence between judges in the European Judicial Area, required the Executive Board to ensure that the distribution of the content of the report to ENCJ Members and Observers and to the members of the European Judiciaries is as wide as possible and proposed that Members and Observers should promote actively the content of the report on national and European levels and report back to the General Assembly on their activities in this field with any comments that may have been received. The four panellists will present their experience in their countries (Poland, Spain, Romania) or institutions (CJEU). Therefore their codes of ethics should be at the disposal of the participants and are attached to this template. IV. MAIN ISSUES TO BE ADDRESSED AND KEY OBJECTIVES OF THE SESSION: 1. The procedure to develop a code of conduct 2. Main elements of a code of conduct 3. Distinction between disciplinary procedures and ethics 4. The effectiveness of a code of conduct: a Committee on Judicial Ethics 5. Practical guides to judicial ethics V. SPECIFIC QUESTIONS AND DISCUSSION POINTS TO BE ADDRESSED IN THE SESSION: a) BY PANNELISTS 1. The procedure to develop a code of conduct: Who took the initiative to develop a code of ethics? 5

6 What was the reaction of national judges and of judges associations? Who drafted the code of ethics? What was the influence of international instruments (Bangalore principles, ENCJ)? Who approved the code of ethics? What kind of publicity did it receive? Is there any training on judicial ethics? 2. Main elements of a code of conduct. Do s and Don t s Independence Impartiality Integrity Other values: reserve and discretion, diligence, respect and ability to listen and equality of treatment, competence and transparency Qualities or virtues of a judge: wisdom, loyalty, humanity, courage, seriousness and prudence, work, listening and communication Public and private life of the judge Duties after ceasing to hold office 3. Distinction between disciplinary procedures and ethics Disciplinary proceedings: competence and cases The line dividing disciplinary cases form ethical cases Consequences of an ethical infringement 4. The effectiveness of a code of conduct: a Committee on Judicial Ethics Composition Mandate Election Competences Annual report 6

7 5. Practical guides to judicial ethics Collecting practical examples A network of ethical counsellors or an ethical body within the judiciary having an advisory and counselling role for judges whenever they are unsure whether a particular action/activity is compatible or not with their status Dissemination of the information b) BY THE AUDIENCE What are the difficulties in the different countries to establish a code on ethics? Who should take the initiative to draft a code on ethics? How can the ENCJ help in this task? Would it be helpful to have a list of contact persons to provide advice to draft a code of ethics? Would it be helpful to collect the code of ethics of our Members and Observers in our website to facilitate access to them? VI. PROPOSED OUTCOME(S) OF THE SESSION: Identify the difficulties in developing a code of ethics Study the main elements a code of ethics should contain Follow the application of a code of ethics: practical guides 7