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Strengthening
the professional training as a right
International and European guarantees
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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.
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