PROCEDURE FOR APPLICATION

INTERNATIONAL ASSOCIATION OF JUDGES

Procedure for Application and Standard Form for the Application Questionnaire

Article 11(6) of the Regulations under the Constitution provides that “The fundamental procedural rules governing the admission of new members are determined by the Presidency Committee, adopted by the Central Council and attached to this Regulation.”

Article 4(2) of the Constitution provides that “All members must be apolitical and independent from executive and legislative powers” and Article 4(3), that “All members must promote in their country the objects pursued by the International Association of Judges.”

The Presidency Committee proposes to the Central Council to adopt the “Procedure to be applied to applications for membership” and “Questionnaire for Membership” (see Article 11, Para. 6, of the Regulations under the Constitution of the IAJ), to be attached to the Regulations, as proposed below, at the Foz do Iguaçu meeting, which contains those questions that will allow the applicant associations to submit the information that is needed.

During the procedure for admission to membership, candidate associations are therefore required to respond to a questionnaire containing questions relating to the circumstances of the judiciary in the country in question, judicial remuneration and benefits, judicial administration and resources, the assignment of cases, discipline, evaluation of sitting judges, continuing education of judges, threats to justice, the concerned association and the level of public confidence in the judiciary in detail.

The President of the I.A.J.                            The Secretary-General of the I.A.J.
Gerhard Reissner                                                    Giacomo Oberto

PROCEDURE TO BE APPLIED TO APPLICATIONS FOR MEMBERSHIP IN THE INTERNATIONAL ASSOCIATION OF JUDGES (Article 11 § 6 of the Internal Regulation)

A) Content of the Report:

  1. The topics underlying the questions of the annexed model questionnaire should always be thoroughly examined.
  2. Reports and opinions of the UN Human Rights bodies, the World Bank, the regional organisations (OSCE, Council of Europe, OAS, AU, EU) should be considered.
  3. Reports and opinions of organization such as Bar Associations, Notaries, NGOs, Political Parties and Business Organizations could be considered.
  4. Whenever possible, at least one of the rapporteurs should take part in an assembly of the applicant association.

B) Procedure:

  1. Immediately after the appointment by the Presidency Committee of the two rapporteurs and after their acceptance of the task, all IAJ Members are informed about the application and the identity of the rapporteurs.
  2. The report should be finalized 4 months before the meeting of the Central Council. If in this month interval no Presidency Committee meeting is scheduled, the report must be evaluated by the Members of the PC through email consultations.
  3. The report should be distributed to the Member Associations at least 3 months before the meeting of the Central Council.
  4. All members can bring in observations not later than 1 month before the meeting of the Central Council.
  5. If serious concerns arise because of the knowledge of new elements later than under point 4 above, the Presidency Committee must be informed before the plenary session of the Central Council with the possibility to seize the Presidency Committee before examination in plenary session of the Central Council.
  6. If it is not possible to keep this time frame the examination of the application must be postponed to the next meeting.

QUESTIONNAIRE FOR A NATIONAL ASSOCIATION OF JUDGES APPLYING FOR MEMBERSHIP IN THE INTERNATIONAL ASSOCIATION OF JUDGES

Questions Concerning Applicant Judges’ Association

  1. When was the judges association founded?
  2. Number of members in the judges association. Total number of judges in the Country.
  3. Is membership in the association limited only to judges?
  4. Is the judges association a not-for-profit society/company/ organization established by law? Is it a private society/company/organization or a public law organization?
  5. Is membership in the organization mandatory? If not, are all judges entitled to belong should they choose to do so?
  6. Are there other judges associations in existence in the country? If so, how many judges belong to that association which do not belong to the applicant association?
  7. Is the judges’ association a corporate member of another national or international association of judges?
  8. How is the judges association funded? Is it by membership fees or by funding from another branch of state or from another type of source?
  9. How are representatives of the association elected/chosen/appointed?
  10. How long do representatives of the association stay in office? Are they re-eligible and for how many times?
  11. How many times in a given year do the steering committee and/or the general assembly of the association meet?
  12. What are the main achievements of the association in the last years?
  13. How is the association involved in the legislative processes concerning justice and the judiciary?
  14. How is the association involved in budgetary decisions affecting the judiciary?
  15. How does the association get in contact with its members?
  16. How does the association react to attacks to the judiciary?

Questions Concerning the General Situation of the Judiciary

Introduction

  1. Number of judges in the country, size of the population in the country
  2. How many judges sit at first instance, at second instance and at the final appeal/top level?
  3. Is your country a member of the UN, the European Council or any analogous body?
  4. What are the situations, if any, in which court proceedings are not open to the public or press?
  5. Are all of your Supreme Court decisions published and accessible to the public?
  6. Which of your courts, if any, have the jurisdiction to declare legislation unconstitutional? Do resulting remedies include striking down the legislation in question?

Attempts to Influence Improperly the Judiciary

  1. What is the ambit of the Minister of Justice’s powers of supervision of judges?
  2. Does the legislature or the executive attempt improperly to influence the judiciary? In what ways?

Level of Public Confidence in the Judiciary

  1. What is the current level of public confidence in the judiciary insofar as it can be gauged?
  2. What is the attitude of parliament, the executive and the civil service toward the judiciary? Have any problems arisen in that regard in the last 5 years?
  3. In what circumstances have your judges used criminal law or contempt proceedings to control public criticism of their decisions?

Problems Faced by the Judiciary

  1. What do you think are the greatest problems faced by your courts and their judges at this time?
  2. What is the most important reform you would like to see introduced?

Describe following Items concerning Judicial Status:

–        Judicial Appointment

–        Judicial Remuneration and Benefits

–        Judicial Administration and Resources

–        Assignment of Cases

–        Discipline

–        Evaluation of Sitting Judges

–        Continuing Education of Judges

International Association of Judges
Union Internationale des Magistrats
Palazzo di Giustizia
Piazza Cavour – 00193 – Roma, Italy
tel. +39 06 6883 2213 – fax. +39 06 687 1195