Milan “Basic Principles on the Independence of the Judiciary” of 1985
About Ignita Veritas United
Ignita Veritas United (IVU) is an inter-governmental organization (IGO) advancing human rights. It features Ignita Veritas University (IV University) - among only 5 universities in the world with diplomatic status, Magna Carta Bar Chambers (MCBC) - an international law firm of Barristers as the university law center, and Sovereign Court of International Justice (SCIJ) - operated by the independent Judiciary profession.
Tag Cloud
1
Sovereign Law Series
Milan “Basic Principles on the
Independence of the Judiciary”
of 1985
Short-Form Reference:
1985 “Principles on Independence of Judiciary”
In-Line Micro Reference:
1985 “Independence of Judiciary”
Ratification / Registration:
UN-GA Res. 40/32 (29 Nov 1985) 40/146 (13 Dec 1985) Milan
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Basic Principles on the Independence of the Judiciary
Preamble
Whereas in the Charter of the United Nations the peoples of the world affirm, inter
alia, their determination to establish conditions under which justice can be maintained
to achieve international cooperation in promoting and encouraging respect for human
rights and fundamental freedoms without any discrimination;
Whereas the Universal Declaration of Human Rights enshrines in particular the
principles of equality before the law, of the presumption of innocence and of the right
to a fair and public hearing by a competent, independent and impartial tribunal
established by law;
Whereas the International Covenants on Economic, Social and Cultural Rights and on
Civil and Political Rights both guarantee the exercise of those rights, and in addition,
the Covenant on Civil and Political Rights further guarantees the right to be tried
without undue delay;
Whereas frequently there still exists a gap between the vision underlying those
principles and the actual situation;
Whereas the organization and administration of justice in every country should be
inspired by those principles, and efforts should be undertaken to translate them fully
into reality;
Whereas rules concerning the exercise of judicial office should aim at enabling judges
to act in accordance with those principles;
Whereas judges are charged with the ultimate decision over life, freedoms, rights,
duties and property of citizens;
Whereas the Sixth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, by its Resolution 16, called upon the Committee on Crime
Prevention and Control to include among its priorities the elaboration of guidelines
relating to the independence of judges and the selection, professional training and
status of judges and prosecutors;
4
Whereas it is, therefore, appropriate that consideration be first given to the role of
judges in relation to the system of justice and to the importance of their selection,
training and conduct;
The following basic principles, formulated to assist Member States in their task of
securing and promoting the independence of the judiciary should be taken into
account and respected by Governments within the framework of their national
legislation and practice and be brought to the attention of judges, lawyers, members
of the executive and the legislature and the public in general. The principles have
been formulated principally with professional judges in mind, but they apply equally,
as appropriate, to lay judges, where they exist.
Independence of the judiciary
1.
The independence of the judiciary shall be guaranteed by the State and
enshrined in the Constitution or the law of the country. It is the duty of all
governmental and other institutions to respect and observe the independence of the
judiciary.
2.
The judiciary shall decide matters before them impartially, on the basis of facts
and in accordance with the law, without any restrictions, improper influences,
inducements, pressures, threats or interferences, direct or indirect, from any quarter
or for any reason.
3.
The judiciary shall have jurisdiction over all issues of a judicial nature and shall
have exclusive authority to decide whether an issue submitted for its decision is within
its competence as defined by law.
4.
There shall not be any inappropriate or unwarranted interference with the
judicial process, nor shall judicial decisions by the courts be subject to revision. This
principle is without prejudice to judicial review or to mitigation or commutation by
competent authorities of sentences imposed by the judiciary, in accordance with the
law.
5.
Everyone shall have the right to be tried by ordinary courts or tribunals using
established legal procedures. Tribunals that do not use the duly established
procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals.
6.
The principle of the independence of the judiciary entitles and requires the
judiciary to ensure that judicial proceedings are conducted fairly and that the rights of
the parties are respected.
5
7.
It is the duty of each Member State to provide adequate resources to enable the
judiciary to properly perform its functions.
Freedom of expression and association
8.
In accordance with the Universal Declaration of Human Rights, members of the
judiciary are like other citizens entitled to freedom of expression, belief, association
and assembly; provided, however, that in exercising such rights, judges shall always
conduct themselves in such a manner as to preserve the dignity of their office and the
impartiality and independence of the judiciary.
9.
Judges shall be free to form and join associations of judges or other
organizations to represent their interests, to promote their professional training and
to protect their judicial independence.
Qualifications, selection and training
10. Persons selected for judicial office shall be individuals of integrity and ability
with appropriate training or qualifications in law. Any method of judicial selection
shall safeguard against judicial appointments for improper motives. In the selection of
judges, there shall be no discrimination against a person on the grounds of race,
colour, sex, religion, political or other opinion, national or social origin, property, birth
or status, except that a requirement, that a candidate for judicial office must be a
national of the country concerned, shall not be considered discriminatory.
Conditions of service and tenure
11.
The term of office of judges, their independence, security, adequate
remuneration, conditions of service, pensions and the age of retirement shall be
adequately secured by law.
12.
Judges, whether appointed or elected, shall have guaranteed tenure until a
mandatory retirement age or the expiry of their term of office, where such exists.
13. Promotion of judges, wherever such a system exists, should be based on
objective factors, in particular ability, integrity and experience.
14.
The assignment of cases to judges within the court to which they belong is an
internal matter of judicial administration.
6
Professional secrecy and immunity
15.
The judiciary shall be bound by professional secrecy with regard to their
deliberations and to confidential information acquired in the course of their duties
other than in public proceedings, and shall not be compelled to testify on such
matters.
16. Without prejudice to any disciplinary procedure or to any right of appeal or to
compensation from the State, in accordance with national law, judges should enjoy
personal immunity from civil suits for monetary damages for improper acts or
omissions in the exercise of their judicial functions.
Discipline, suspension and removal
17. A charge or complaint made against a judge in his/her judicial and professional
capacity shall be processed expeditiously and fairly under an appropriate procedure.
The judge shall have the right to a fair hearing. The examination of the matter at its
initial stage shall be kept confidential, unless otherwise requested by the judge.
18.
Judges shall be subject to suspension or removal only for reasons of incapacity
or behaviour that renders them unfit to discharge their duties.
19. All disciplinary, suspension or removal proceedings shall be determined in
accordance with established standards of judicial conduct.
20. Decisions in disciplinary, suspension or removal proceedings should be subject
to an independent review. This principle may not apply to the decisions of the highest
court and those of the legislature in impeachment or similar proceedings.
Sovereign Law Series
Milan “Basic Principles on the
Independence of the Judiciary”
of 1985
Short-Form Reference:
1985 “Principles on Independence of Judiciary”
In-Line Micro Reference:
1985 “Independence of Judiciary”
Ratification / Registration:
UN-GA Res. 40/32 (29 Nov 1985) 40/146 (13 Dec 1985) Milan
© 2020 Sovereign Court of International Justice (SCIJ). All International Rights Reserved.
The 1979 “Berne Convention” fully protects this proprietary collection as a selection and arrangement of
works (Art. 2.5), and protects these documents as derivative works (Art. 2.3) and adaptations (Art. 12). All
unauthorized republication or distribution including online is illegal (Art. 9). “Fair Use” does not permit
infringement for unfair competition by another non-profit (17 USC 107), which is a criminal offense
punishable by 10 years imprisonment (18 USC 241; UK Copyright Act §107).
2
Introductory Notes by the Independent Judiciary
Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:
Introduction & Index
Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).
Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.
Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.
Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]
3
Official Text of this Law Source as Ratified
Basic Principles on the Independence of the Judiciary
Preamble
Whereas in the Charter of the United Nations the peoples of the world affirm, inter
alia, their determination to establish conditions under which justice can be maintained
to achieve international cooperation in promoting and encouraging respect for human
rights and fundamental freedoms without any discrimination;
Whereas the Universal Declaration of Human Rights enshrines in particular the
principles of equality before the law, of the presumption of innocence and of the right
to a fair and public hearing by a competent, independent and impartial tribunal
established by law;
Whereas the International Covenants on Economic, Social and Cultural Rights and on
Civil and Political Rights both guarantee the exercise of those rights, and in addition,
the Covenant on Civil and Political Rights further guarantees the right to be tried
without undue delay;
Whereas frequently there still exists a gap between the vision underlying those
principles and the actual situation;
Whereas the organization and administration of justice in every country should be
inspired by those principles, and efforts should be undertaken to translate them fully
into reality;
Whereas rules concerning the exercise of judicial office should aim at enabling judges
to act in accordance with those principles;
Whereas judges are charged with the ultimate decision over life, freedoms, rights,
duties and property of citizens;
Whereas the Sixth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, by its Resolution 16, called upon the Committee on Crime
Prevention and Control to include among its priorities the elaboration of guidelines
relating to the independence of judges and the selection, professional training and
status of judges and prosecutors;
4
Whereas it is, therefore, appropriate that consideration be first given to the role of
judges in relation to the system of justice and to the importance of their selection,
training and conduct;
The following basic principles, formulated to assist Member States in their task of
securing and promoting the independence of the judiciary should be taken into
account and respected by Governments within the framework of their national
legislation and practice and be brought to the attention of judges, lawyers, members
of the executive and the legislature and the public in general. The principles have
been formulated principally with professional judges in mind, but they apply equally,
as appropriate, to lay judges, where they exist.
Independence of the judiciary
1.
The independence of the judiciary shall be guaranteed by the State and
enshrined in the Constitution or the law of the country. It is the duty of all
governmental and other institutions to respect and observe the independence of the
judiciary.
2.
The judiciary shall decide matters before them impartially, on the basis of facts
and in accordance with the law, without any restrictions, improper influences,
inducements, pressures, threats or interferences, direct or indirect, from any quarter
or for any reason.
3.
The judiciary shall have jurisdiction over all issues of a judicial nature and shall
have exclusive authority to decide whether an issue submitted for its decision is within
its competence as defined by law.
4.
There shall not be any inappropriate or unwarranted interference with the
judicial process, nor shall judicial decisions by the courts be subject to revision. This
principle is without prejudice to judicial review or to mitigation or commutation by
competent authorities of sentences imposed by the judiciary, in accordance with the
law.
5.
Everyone shall have the right to be tried by ordinary courts or tribunals using
established legal procedures. Tribunals that do not use the duly established
procedures of the legal process shall not be created to displace the jurisdiction
belonging to the ordinary courts or judicial tribunals.
6.
The principle of the independence of the judiciary entitles and requires the
judiciary to ensure that judicial proceedings are conducted fairly and that the rights of
the parties are respected.
5
7.
It is the duty of each Member State to provide adequate resources to enable the
judiciary to properly perform its functions.
Freedom of expression and association
8.
In accordance with the Universal Declaration of Human Rights, members of the
judiciary are like other citizens entitled to freedom of expression, belief, association
and assembly; provided, however, that in exercising such rights, judges shall always
conduct themselves in such a manner as to preserve the dignity of their office and the
impartiality and independence of the judiciary.
9.
Judges shall be free to form and join associations of judges or other
organizations to represent their interests, to promote their professional training and
to protect their judicial independence.
Qualifications, selection and training
10. Persons selected for judicial office shall be individuals of integrity and ability
with appropriate training or qualifications in law. Any method of judicial selection
shall safeguard against judicial appointments for improper motives. In the selection of
judges, there shall be no discrimination against a person on the grounds of race,
colour, sex, religion, political or other opinion, national or social origin, property, birth
or status, except that a requirement, that a candidate for judicial office must be a
national of the country concerned, shall not be considered discriminatory.
Conditions of service and tenure
11.
The term of office of judges, their independence, security, adequate
remuneration, conditions of service, pensions and the age of retirement shall be
adequately secured by law.
12.
Judges, whether appointed or elected, shall have guaranteed tenure until a
mandatory retirement age or the expiry of their term of office, where such exists.
13. Promotion of judges, wherever such a system exists, should be based on
objective factors, in particular ability, integrity and experience.
14.
The assignment of cases to judges within the court to which they belong is an
internal matter of judicial administration.
6
Professional secrecy and immunity
15.
The judiciary shall be bound by professional secrecy with regard to their
deliberations and to confidential information acquired in the course of their duties
other than in public proceedings, and shall not be compelled to testify on such
matters.
16. Without prejudice to any disciplinary procedure or to any right of appeal or to
compensation from the State, in accordance with national law, judges should enjoy
personal immunity from civil suits for monetary damages for improper acts or
omissions in the exercise of their judicial functions.
Discipline, suspension and removal
17. A charge or complaint made against a judge in his/her judicial and professional
capacity shall be processed expeditiously and fairly under an appropriate procedure.
The judge shall have the right to a fair hearing. The examination of the matter at its
initial stage shall be kept confidential, unless otherwise requested by the judge.
18.
Judges shall be subject to suspension or removal only for reasons of incapacity
or behaviour that renders them unfit to discharge their duties.
19. All disciplinary, suspension or removal proceedings shall be determined in
accordance with established standards of judicial conduct.
20. Decisions in disciplinary, suspension or removal proceedings should be subject
to an independent review. This principle may not apply to the decisions of the highest
court and those of the legislature in impeachment or similar proceedings.