European Association of Judges
Meeting in Cracow, 15-16 May 2009
RESOLUTION
The General Assembly of the European Association of Judges, meeting at Cracow, Poland on 16 May 2009:
(1) Takes due note of the serious economic problems facing all countries which are members of the Council of Europe; and
(2) Notes the terms of the Recommendation (R) 94/12 of the Committee of Ministers of the Council of Europe on the Independence, Efficiency and Role of Judges, in particular the terms of the Third Principle (1)(b), viz. that states ensure the status and remuneration of judges are commensurate with the dignity of their profession and the burden of their responsibilities; and
(3) Notes also the terms of the European Charter on the Statute for Judges of 1998, Chapter 6, article 6.1, which stipulates that Judges exercising judicial functions in a professional capacity are entitled to remuneration, the level of which is fixed so as to shield them from pressures aimed at influencing their decisions and more generally their behaviour within their jurisdiction, thereby impairing their independence and impartiality; and
(4) Notes also Opinion no 1 (2001) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on standards concerning the independence of the judiciary and the irremovability of judges, which states that the CCJE considered that it was generally important (and especially so in relation to the new democracies) to make specific legal provision guaranteeing judicial salaries against reduction and to ensure at least de facto provision for salary increases in line with the cost of living; and
(5) Notes with concern that the governments of various member states of the Council of Europe, in particular Romania, Poland, Ukraine, Croatia, Iceland, Hungary, Slovenia and Bulgaria either have taken, or are considering, steps which will (or might) reduce the remuneration of their judiciaries (including their pension rights) in a manner which may be inconsistent with the above internationally accepted principles concerning the independence of judges within democracies governed by the Rule of Law:
THEREFORE URGES all such governments to ensure that no steps are taken which will or might imperil the above stated principles which are fundamental to the maintenance of democracy and the Rule of Law.
