98
Rule of Law
PART II
(ii) preventing revision of judicial decisions by administrative authorities, except for the
rights of the competent authorities to mitigate or commute sentences imposed by judges,
in conformity with the law;
(iii) protecting the judiciary’s freedom of expression and association, subject only to such
restrictions as are consistent with its functions;
(iv) ensuring that judges are properly qualified, trained and selected on a non-discriminatory basis;
(v) guaranteeing tenure and appropriate conditions of service, including on the matter of
promotion of judges, where applicable;
(vi) respecting conditions of immunity;
(vii) ensuring that the disciplining, suspension and removal of judges are determined according to law.
(20) For the promotion of the independence of the judiciary, the participating States will
(20.1) - recognize the important function national and international associations of judges
and lawyers can perform in strengthening respect for the independence of their members
and in providing education and training on the role of the judiciary and the legal profession
in society;
(20.2) - promote and facilitate dialogue, exchanges and co-operation among national associations and other groups interested in ensuring respect for the independence of the judiciary
and the protection of lawyers;
(20.3) - co-operate among themselves through, inter alia, dialogue, contacts and exchanges
in order to identify where problem areas exist concerning the protection of the independence
of judges and legal practitioners and to develop ways and means to address and resolve such
problems;
(20.4) - co-operate on an ongoing basis in such areas as the education and training of judges and legal practitioners, as well as the preparation and enactment of legislation intended to
strengthen respect for their independence and the impartial operation of the public judicial
service.
Istanbul 1999 (Charter for European Security: IV. Our Common Instruments)
45. We shall also promote the development of independent judicial systems that play a key
role in providing remedies for human rights violations as well as providing advice and assistance for prison system reforms (…)
Ljubljana 2005 (Decisions: Decision No. 12/05 on Upholding Human Rights and the Rule of
Law in Criminal Justice Systems)
The Ministerial Council,
(…)
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