The data of the ENCJ survey on the independence of the judiciary among lawyers are now available in a separate report. Just like the survey among judges on their own independence, the survey was held in early 2019.
The survey has achieved moderate success, as it proved difficult to get lawyers to participate, despite the efforts of the ENCJ, CCBE and national bar and law societies. Consequently, outcomes cannot be presented for all countries that participated, and the outcomes that are presented need to be interpreted with caution. The main conclusions are the following.
1. On a 10-point scale lawyers rate the independence of the judges in their country on average
between 5.2 and 9.0. Most countries get a positive score, but several score just above 6.
2. In general, the lawyers are more critical than the judges, overall and on most aspects of
independence.
3. Especially, with regard to the appointment and promotion of judges many lawyers believe that
such decisions are not solely based on ability and experience.
4. As to an aspect of accountability, the handling of judicial corruption by the judicial authorities is
considered by lawyers not to be effective in many countries.
between 5.2 and 9.0. Most countries get a positive score, but several score just above 6.
2. In general, the lawyers are more critical than the judges, overall and on most aspects of
independence.
3. Especially, with regard to the appointment and promotion of judges many lawyers believe that
such decisions are not solely based on ability and experience.
4. As to an aspect of accountability, the handling of judicial corruption by the judicial authorities is
considered by lawyers not to be effective in many countries.
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