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Media briefing 16 September 2004
EAR project team
Media briefing 16 September 2004
Strengthening the professional training as a right

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Strengthening the professional training as a right
International and European guarantees

According to internationally recognised principles, holders of judicial office (whether a professional or a lay judge) as well as prosecutors shall be individuals of integrity and ability with appropriate training or qualifications in law.1 Under European standards judges should be provided with appropriate training free of charge as part and parcel of their proper working conditions.2 Under the European Charter on the statute for judges, moreover, an authority independent of the executive and legislative powers shall ensure the appropriateness of training programmes as well as of the organisation implementing them, in light of the requirements of open-mindedness, competence and impartiality which are bound up with the exercise of judicial duties. The statute further guarantees to judges the maintenance and broadening of the knowledge necessary for performing their duties. This should be achieved by providing judges regular access to training.3 The authority charged with overseeing training must not only be independent, but also be allocated the actual resources to carry out its functions.4

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1 Basic Principles on the Independence of the Judiciary (adopted by the United Nations in 1985); Guidelines on the Role of Prosecutors Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990).
2 Recommendation No. R (94) 12 on the independence, Efficiency and Role of Judges (Committee of Ministers of the Council of Europe, 13 October 1994, Principle III, Article 1(a).
3 Articles 1.1, 2.3 and 4.4 (Council of Europe document DAJ/DOC (98) 23).
4 Explanatory Memorandum, point 2.3.