Professionalization of the Judiciary by Recruitment and Selection (original) (raw)
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Selection and Training of Judges in Spain, France, West Germany, and England
BC Int'l & Comp. L. Rev., 1985
Note 1 Currently the United States has no formal mechanism for the selection and training of the judiciary. Moreover, there has been little scholarly examination of this very important aspect of legal systems. The following Article is the result of primary field research into the selection and training of judges in Spain, France, West Germany, and England during the years 1978 and 1979. The authors' research and visits to the various judicial schools and centers were part of a study originally aimed at improving the Puerto Rican Judicial Branch through the establishment of a judicial candidate graduate school from which future judges would be selected. The Editors believe that this Article will fill a neglected void in legal scholarship.
Recruiting European Judges in the Age of Judicial Self-- Government
German Law Journal, 2018
Through the recruitment of judges -their selection and subsequent appointmentpowerful actors control who enters the judicial ranks and under what circumstances. In this paper I address how are European judges recruited using examples from ten European countries, while paying special attention to the role of the judicial self--government in these processes. Indeed, there are differences between recruitment processes across Europe. In some countries, a central role in the judicial recruitment is played by judicial schools; elsewhere crucial powers belong to judicial councils and/or other bodies of judicial self-government; in the UK or Ireland some of these powers were vested in the hands of specialized bodies; whereas in other countries the process remains less formal with crucial powers resting in the hands of court presidents. Despite these differences, I choose to emphasize similarities recruitment processes share. They operate as funnels where the pool of candidates gradually decreases until only one (or few) remains and is eventually appointed. In order to assume judicial office one usually must (a) meet eligibility criteria, (b) get on selector's radar to be actively considered for the position, (c) get shortlisted for the position, (d) get selected, and (e) eventually appointed. Dividing the recruitment process into these stages, while paying attention to motivations of all involved actors, can help deepen our understanding of how judicial recruitment actually works and how formal and informal rules together shape the composition of judiciaries. * Samuel Spáč is a senior researcher at the Judicial Studies Institute (JUSTIN), Masaryk University, and a researcher at the
The article deals with the problems of judicial personnel in Kazakhstan. The judicial personnel policy in Kazakhstan is one of the fastest-growing. Despite the measures taken, many problems are still in the phase of finding effective solutions, often through trial and error. It is justified that the root cause of problems in the field of judicial personnel is the lack of a systematic approach, the lack of an overall strategy for working with the human resources of the judicial system, and the lack of holistic personnel policy in the judicial system. It is grounded that in order to improve the judicial personnel it is necessary to form the integral personnel policy on the basis of development of the general strategy of work with human resources in the judicial system on the basis of the competency-based approach.
National and International Context of Training for Romanian Magistrates
Challenges of the Knowledge Society, 2012
In the context in which human resources management has an international dimension, the paper briefly analyzes the process of training for magistrates, both from the perspective of general international principles, as well as from the perspective of national legislation. The importance of permanent development of training programs for magistrates is reflected in the professionalism of magistrates and assumes a certain adequacy to the specific needs of the judicial system. From this perspective, the training for magistrates has a compulsory feature not only in relation with the national or European legislation, but also is a practical need for adjustment to continuous changes that occur in the judicial relations, by legislative reforms, some radical, as a consequence of the dynamic social life.
Oteiza, E., Priori, G. (eds.), Judicial Independence in the Third Millenium. XVII World Congress of Procedural Law, Lima 2023, General Reports, Lima, Palestra, pp. 303-350, 2023
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Challenges of the Knowledge Society, 2013
At 1st January 2007 when Romania joined the European Union was established a Cooperation and Verification Mechanism (further named "CVM") in order to support Romania to remedy certain shortcomings in the areas of judicial reform and fight against corruption, as well as to monitor the achieved progress through periodic reports. Though the reforms of the human resources management in the Romanian legal system were conceived in a coherent framework, the main changes in this area often did not complement each other, their implementation being sometimes inconsistent with previous measures taken. In this context, the study aims to make a short analysis of the way in which the human resources management's reform was reflected in the European Commission's reports, pointing the measures adopted by the Romanian authorities.
Hungarian judicial selection has been characterised by meritocratic and nepotic elements since the 1990 regime change which are indirectly distorted by change, albeit to a relatively reduced extent, to political aspects. Scores of Hungarian and foreign experts have evaluated the measures of the justice reform put in place after the 2010 change of government as being about a series of successive measures to politicise the judiciary from the creation of the new constitution to legislation regarding the justice system. In this study it has been demonstrated that regarding the initial phase of judicial selection the gradual strengthening of meritocratic elements may be observed, which continued after 2010 as well. First and foremost, it may be traced in the more objective system of evaluating judicial applications. The possibilities for discretionary decisions by heads of administration have been considerably restricted in the selection of judges. At the same time, however, the competences of heads of administration entitled to make appointments have been broadened upon filling court management positions.