Judicial Councils – Lessons Learned from Europe and Latin America

This paper looks at the issue of judicial independence and the use of judicial councils drawing from examples in Europe and Latin America. It looks at the rationale for judicial councils, including strengthening judicial independence and improving administrative management and efficiency. It highlights a major pitfall, namely the composition of the council itself, and how this impacts the principle of judicial independence. It then canvasses the international and regional documents dealing to judicial independence, and the main models for judicial councils in the world. Next, the paper looks at the relationship between councils and courts. Then, the paper looks at the establishment and composition of councils, including qualifications for its members, representation of various political groups and the appointment process. Finally, the paper looks at the various duties and responsibilities councils can be afforded, and the role of civil society in keeping judicial councils accountable. The paper ends with recommendations and helpful charts illustrating the trends in Europe and Latin America the world with respect to judicial councils.