Strasbourg, 10 January 2002

CCJE (2001) 34 rev.

Consultative Council of European Judges (CCJE)

Questionnaire on judges’ training

and

Questionnaire on the conduct, ethics and responsibility of judges

prepared by
the Chair of the CCJE-GT
in conjunction with
the Chair of the CCJE

A. Introduction

1. At its first meeting (8-10 November 2000), the CCJE asked the Working Party Chair to draft questionnaires on the topics for consideration in 2002 and 2003:

i. appropriate initial and in-service training programmes for judges at national and European levels (see doc. CCJE (2000) 3, Part III B);

ii. principles and rules governing judges professional conduct with especial reference to efficiency, incompatible behaviour and impartiality (see doc. CCJE (2000) 3, Part III B);

2. In accordance with the CCJE’s request, the Chair of the CCJE-GT, in conjunction with the Chair of the CCJE, has drafted the questionnaires in order to gather the relevant information summarising national positions vis-à-vis the topics concerned.

3. This document contains the questionnaires on the topics referred to under A 1 i and ii above as they have been approved by the CCJE at its 2nd meeting (21-23 November 2001).

B. Questionnaire on judges’ training

a) Initial training for prospective judges

1. Are prospective judges given any initial training?

If so, how long does this last?

2. Is the right to or requirement to undergo training stipulated in any law or regulation?

If so, please specify.

3. Is training run and financed by the state or by other means?

Is it free of charge for prospective judges and are the latter paid?

4. Is there a judges’ training institution?

If so, is it a permanent public body?

5. If there is such an institution, please describe briefly how it is organised, how it operates and who provides the training.

6. What subjects does judges’ initial training cover?

7. Is there an end-of-training examination to assess ability to perform the duties of judge?

b) In-service training

1. Is there an in-service judges’ training scheme?

If so, how is it organised and what subjects are covered?

2. Is in-service training optional or compulsory?

3. Who runs such training?

4. What approaches are adopted to impress upon judges the need to improve their professional skills?

5. Is there a specific training scheme for judges at the beginning of their careers? If so, please describe it briefly.

C. Questionnaire on the conduct, ethics and responsibility of judges

1. What are the statutory obligations by which judges are bound?

2. Is there a judge’s code of conduct?

2.1 If so, who drafted it and who adopted it?
2.2 What are the obligations imposed upon judges?
2.3 Is there provision for sanctions in the event of violation by judges?

3. What incompatibilities are there between the duties of judge and other functions or professions?

4. In what circumstances can the impartiality or apparent impartiality of judges be called into question in accordance with the law or case-law?

5. Can judges incur criminal or civil liability for acts committed in the performance of their duties? If so,

5.1 In what circumstances?
5.2 What is the procedure involved?
5.3 What is the competent institution or authority?
5.4 What sanctions or compensatory measures can be applied?

6. Can judges be subject to disciplinary proceedings? If so,

6.1 In what circumstances?
6.2 What is the procedure involved?
6.3 What is the competent institution or authority?
6.4 What disciplinary sanctions can be imposed?



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