While the representatives of the member States of the European Union are discussing the budget of the Union for the forthcoming years, they consider introducing a new rule, which would allow the European Commission to cut the access to European funds to a member State who violates the fundamental principles of the Rule of Law.

MEDEL has to underline that respect for the Rule of Law is not a budgetary matter or something that one may use as a political weapon, but one of the very foundations of the European Union, if not the most critical one. Whether or not a Member State receives regional funds, it cannot opt out.

MEDELJuly 4th, Belgrade, Serbia

Systems of training (initial and continuous) – institutions of training, programs of training, lecturers, beneficiaries the role of judicial councils in training the importance of training for appointments and advancements of bearers of judicial function evaluation of quality of training

MEDELBeyond any doubt, an integral part of the reality that we observed is the general idea and fear that removals and transfers as well as disciplinary and criminal prosecution are used and abused as reactions on decisions and behavior of judges and prosecutors in their institutional work. Such a fear is a threat to the individual and institutional independence of judges and prosecutors.

It is evident that jurisdiction is often and in many ways manipulated by the executive power. It is evident likewise that sometimes defense is severely affected.

MEDELUpdated 07/24/2012

In the aim to audit European judicial systems, MEDEL asked its members to answer a questionnaire on the main elements of a judicial system.

The Medel audit project
The questionnaire

The answers :

MEDELA step ahead for a (more) effective justice.

This study has been issued within the project Performance indicators - a fundamental instrument for the improvement of the quality in Romanian judicial act-, developed by the Institute for Public Policy (IPP) in partnership with the National Institute of Magistracy (NIM), financed by the European Commission through Phare 2005 - Consolidating Democracy in Romania.

The main objective of the study is to debate with specialists from the judiciary the issue of measuring the performance of the courts and prosecutor's offices in Romania, as an element that successfully completes the efforts already undertaken for improving the efficiency of the judicial act.

MEDELProgram of the colloquium

Quality of judicial acts (by Eric Alt) : the studies on the logic of the absurd decisions allow to understand certain dysfunctions in the judicial area. This way, the routine, the deformed vision of the real thing by some of its persons in charge, the fear of being opposed to the majority opinions or the blind respect to the rules, are in the origin of the majority of the bad practices.

La qualité de la décision judiciaire (Eric Alt)

On the contrary, the good functioning of an organisation is the result of its capacity to put itself in question, of accepting the critiques, of developing the evaluation checking the result of the experience. All of them practices difficulty accepted by the judicial institution.

MEDELBelgrade, April 2008

The intention of the Serbian politicians is to perform reelection of all the judges (opposite to Serbian Constitution, as shown in the documents submitted to MEDEL members timely) and reduce their number for 1/3 of the current number.

There is a misunderstanding and certain amount of fear that only Serbia faces serious problems in judiciary, especially long lasting court proceedings.

According to some politicians' opinion this problem is more present in Serbia than in any other member state of Council of Europe.

MEDELColloquium in Lübeck, 26-27 october 2007

The role of the judiciary in Germany (Hans-Ernst Boettcher) :
the German judiciary has experienced many changes during the past 30 years. But the question remains whether changes have really taken place? Is this only applicable to the outward forms, or is it also true of the spirit?

Does the judiciary of the Federal Republic develop slowly but steadily towards plurality and towards an internally and externally stable institution? Or is it, with all the burdens originating from its history, and in spite of its proper and even shiny appearance, a colossus with feet of clay?

Evaluation of judicial performance (Dragana Boljevic) : It Is essential for the system of judicial performance assessment, especially the system for measuring their performance, to reflect the work of judges and courts precisely, correctly and completely.

MEDELSingle judge-panel : Through the present contribution to CEPEJ, MEDEL aims to assessing the issues of division of judicial tasks among single or panel judges and of use of lay judges in judicial procedures.

Indignation et courage : nouvelles vertus judiciaires? (Manuela Cadelli) : Courage et indignation, voici donc deux notions dont le moins que l'on puisse dire est qu'elles sont susceptibles de faire évoluer considérablement la compréhension de la déontologie des membres du pouvoir judiciaire, singulièrement celle de leur devoir de réserve.

Indépendance de la magistrature, qualité et efficacité en Italie (Maria Rosaria Gugliemi, juin 2009) : la magistrature, en refusant une perspective uniquement productiviste, indifférente aux valeurs et aux principes impliqués, doit démontrer son savoir faire face à la complexité du système judiciaire et des dossiers à juger

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