Wednesday, September 3, 2014

To ensure impartiality of the judiciary, the law provides certain disabilities to judge, for exampl

Justice Is independent and impartial & nbsp; |?-Life publique.fr | Milestones | Institutional background
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Independence and impartiality are the two fundamental principles of any legal system: they come offer to individuals that the act of judging will be determined only by the arguments of legal debate, without any pressure or bias. The independence of the judiciary is enshrined in the Constitution of the Fifth Republic. It is the result not only of the separation of powers, but the statutory warranties that put judges immune to pressure or threats that could affect their ability to judge. Impartiality, whose importance is particularly embodied in the European Convention on Human Rights, refers to the absence of prejudice that must characterize the judge. In this sense, independence is more about the relationship between the judge and the other powers and a condition (necessary but not sufficient) impartiality in dealing with clients. The independence and impartiality of judges are primarily secured by the specificity of their status: good public agents, judges are not employees and are therefore not subject to the hierarchical authority of a Minister. They are appointed for life, and their decisions can be challenged only in the context ppmc of the exercise of remedies.
To ensure impartiality of the judiciary, the law provides certain disabilities to judge, for example in case of relationship between several judges of the same court, or between a judge and a lawyer or party. There is also a challenge procedure that allows parties to challenge suspected partiality of a judge.
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