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ETICKÉ PRAVIDLÁ MEDZINÁRODNÝCH SÚDNYCH ORGÁNOV A TRIBUNÁLOV

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Klučka J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2017
|
vol. 100
|
issue 3
289 – 305
EN
This article deals with current situation relating to the regulation of ethical rules within international judiciary. Unlikely of the domestic judicairies having informal international network of judges capable elaborate a number of non-binding documents relating to the conduct of judges (Bangelore principles) the situation in international judiciary is different. Due to the lack of such network only Study Group of International Law Association attempted to prepare set of principles relating exclusively to the judicial ethic of the judges of international courts and tribunals (Burgh House Principles on the Independence of the Judiciary). Apart from four international tribunals so far adopted their own ethical codes namely – European Court of Justice (first Code of Conduct of 2007 replaced in 2016 by the new Code), European Court of Human Rights (Resolution on Judicial Ethic-2008), Caribbean Court of Justice (Code of Judicial Conduct) and International Criminal Court (Code of Judicial Ethics-2004). As a basic, all ethical codes emphasized the principles of independence and impartiality of international judges and to certain extent the deal also with the principles governing the external activities of judges and their conduct relating to the participants of judicial proceedings. The main difference among them concerns the existence and availability of the procedural mechanism allow to object the alleged violations of the ethical principles by the members of international courts.
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