ELI-Mount Scopus European Standards of Judicial Independence

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Quick Facts

Project Type: Model law, Principles
Procedure: Regular
Adopted: CD 2021/8
Project Period: March 2021–December 2021

Background

The International Association of Judicial Independence and World Peace (JIWP), an academic association aiming to introduce innovative concepts of judicial independence and to clarify significant components essential for liberty, democracy, human rights and effective world trade, elaborated the Mount Scopus International Standards of Judicial Independence. They were approved in 2008 and consolidated in 2018 (Mount Scopus Standards, available under this link). These standards were developed with a view to enable the judiciary to play a role in the adequate protection of human rights and in the operation of an efficient and fair market economy with a human face in the era of globalisation.

The Mount Scopus Standards are – intentionally – of a very general nature to allow for their application in a broad range of jurisdictions globally. In particular, they consider the situation in a range of common law jurisdictions, which are significantly different in various respects from the continental European jurisdictions.

Therefore, the Mount Scopus Standards should be redrafted and adapted to fit also the situations in non-common law jurisdictions in Europe. At the same time, particular challenges to judicial independence are gradually on the rise in many European countries. Therefore, the Mount Scopus Standards need to be adjusted to better address these current challenges.

Aim

The project aims to review, update and adjust the Mount Scopus International Standards of Judicial Independence to the reality of European jurisdictions as well as to current challenges to judicial independence in some of the European countries.

Outcome

As a result of the joint work of experts from the ELI and experts from the JIWP, who had contributed to the drafting of the Mount Scopus Standards, the ELI-Mount Scopus European Standards of Judicial Independence will be developed. They might become a major point of reference in academic and practical discussion on the vital problem of judicial independence. More importantly, they will provide specific guidance for measuring judicial independence in a legal system as well as to submit suggestions for legislative change or for the adaptation of current practices on the part of authorities.

Project Reporters

  • Shimon Shetreet
  • Sophie Turenne
  • Leah Wortham
  • Fryderyk Zoll

Project Team Members

  • Hans-Jürgen Ahrens

  • Wojciech Bańczyk
  • Guiseppe Ferrari
  • Meitar Kurman
  • Katarzyna Południak-Gierz
  • Walter Rechberger

Advisory Committee Members

  • Teresa Bielska-Sobkowicz (Assessor)

  • Daniela Cavallini
  • Rosa María Fernández Riveira
  • Zoltán Fleck
  • David Kosar
  • Paul Gilligan (Assessor)
  • Fausto Pocar (Assessor)
  • Matthias Storme
  • Lord John Thomas (Assessor)
  • Alexander Trunk
  • Boštjan Zalar

Members Consultative Committee

  • Mustafa Ebaid
  • Sjef van Erp
  • Jonathan McGowan
  • Marko Novak
  • Ingo Klaus Wamser