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Ethics and independence of the judiciary in the Czech Republic

Publication at Faculty of Law |
2019

Abstract

Ethical standards form a fundamental agent of extra-legal regulation of judicial conduct whose propriety, integrity, impartiality, competence, and other qualities are an essential indicator of quality and trustworthy justice for the public. The other factors contributing to this ideal of functioning of justice are the institutional and factual independence of the judiciary guaranteed as a fundamental legal principle in constitutions of democratic states built upon the rule of law.

This paper reflects both moments. In case of judicial ethics, it first examines which principles apply at this branch of professional ethics and considers forms of communication and execution of such principles, even in an international context.

The second part discusses the independence of the judiciary and its manifestations such as apolitical nature of justice and the issue of administration of justice. It is shown why it is necessary to insist on the related principles and postulates and, on the basis of i.a. recommendations of international organizations, means of support of their realization on a national scale are adumbrated.