MACEDONIAN JUDGES' ASSOCIATION

CODE OF JUDICIAL ETHICS

SKOPJE, 1994


Taking the Constitution of the Republic of Macedonia as a point of departure, and in order to uphold the judicial branch as an autonomous and independent, and to determine the content and extent of rights and responsibilities of the judicial office and to

facilitatein molding the personality of a judge - members of the

MacedonianJudges' Association are binding themselves that in

their workthey shall be guided by:

The Code of Judicial Ethics

CODE

1.The Code of Judicial Ethics is comprised of the most significant principles by which judges shall be guided when performing the judicial office based on the Constitution, statutes and ratified international treaties.

ETHICS

2.The principles of judicial ethics are based on moral rules of conduct as well as on fundamental values of the constitutional order, including:

-Basic freedoms and rights of the individual and citizen set forth in the Constitution and recognized by the international law.

-The rule of law.

-Humanism, social justice and solidarity.

-The legal protection of property.

-The freedom of the market and entrepreneurship.

INDEPENDENCE

3.Judges shall be free and it is their duty to render impartial decisions based on their evaluation of the facts and interpretation of the law.  They shall be unbiased, not falling under any party's direct or indirect influence, inducement, pressure, threat and interference, for any reason.

In the decision making process, judges shall be independent f rom their colleagues and superiors.  Dif f erences concerning judge I s degree and rank should not have any impact on his or her right to render a decision freely.


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GOALS AND FUNCTIONS

4.The code provides that judges, when performing the function of their office, will accomplish goals and functions of the judiciary, such as:

a)Impartial application of the law regardless of the parties involved.

b)Promotion within the judicial office of the observance

of human rights.

c)Assurance for all people to able to live in safety and in conformity with the law.

MOLDINGOF A PERSONALITY

5.During the elections and performance of the judicial

office,any unequal treatment based on sex, race, color of skin,

national and social origin, political and religious affiliation, and social status should not exist.

A judge should be acquainted with cultural values, and follow cultural, scientific and political achievements and developments, in order to improve his or herself as a person capable of understanding social and personal problems of the people with whom he or she interacts when performing the judicial office.

PRESERVING THE DIGNITY OF THE COURT

6.When preforming his/her work, a judge shall preserve the dignity and authority of the court, and endeavor to insure the preservation of the dignity of the court by anyone with whom he or she interacts in the performance of his/her office.

Also, a judge should take care to preserve the dignity of the court outside the court house by preserving a high degree of personal, professional and moral authority.  For this reason, a judge should refrain from any deeds and contacts that may have negative impact on his/her personal and professional authority.

RELATIONSHIP WITH PARTIES

7.A judge must foster proper relationships with all parties involved in the proceedings before the court.  Outside the courtroom, he or she shall always endeavor to provide for the presence of both parties at the same time, i.e., counsellor, attorney, plaintiff and the like.


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Judges shall show proper respect towards members of the legal community, associates and trainees, public prosecutors, public defenders, jurors and other employees.

DUTY WHILE HANDLING CASES

8.A judge shall observe the procedural rules and endeavor to diligently and efficiently complete the cases.  This goal should be accomplished by his or her personal engagement and continuing legal education, and by not prolonging the proceedings and not allowing other participants to do so.

A judge must provide a fair trial and comprehensively examine all allegations concerning infringement of rights of the parties or witnesses, including allegations regrading proceedings.

CONTINUING LEGAL EDUCATION

9.In order to have more comprehensive and diligent performance of the judicial office, legal education is ongoing and therefore, a judge shall follow and review regulations, law textbooks, and participate with his/her writings and opinions in professional journals, seminars and roundtables.  By his or her writings and opinions, a judge shall follow new developments of the constitutional order, and be knowledgeable in the area of his/her specialization.  A judge should be aware that only by constantly improving professional knowledge will he or she be able to successfully perform duties deriving from the judicial office.

Judges should be knowledgeable of international conventions and other instruments for protection of human rights and endeavor to implement them to the fullest possible extent, within the framework of the Constitution and law.

IMMUNITY AND PRIVILEGE

10.Judges must be protected f rom harassment, and lawsuits due to actions undertaken when performing their office can not be brought before a court, and the judge cannot be charged unless permission is first obtained from the appropriate judicial authority

Judges shall kept all information gathered while performing their duties as a professional secret, except that information presented at the court sessions.  Judges can not be required to testify upon issues concerning this information.

During their mandate, judges shall receive salaries, and after their retirement, pensions.


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Salaries and pensions of the judges shall be adequate to the status, dignity and responsibilities of the judicial office and can not be reduced by anyone or by any act.

Appropriate authorities of the executive branch must at all times ensure security and physical protection of the judges and their families.

RESTRICTIONS CONNECTED TO THE JUDICIAL OFFICE

ii.

- Judges can not preform a non-judicial office that may discredit their independence.

- Judges can not give counsels opinions, except in a case having an explicit constitutional or legal provision.

- Judges must refrain from business activities, except activities concerning their personal investments and property.

- Judges can not be engaged in providing legal assistance.

- Judges must be challenged whenever there are questions about their impartiality, as well as when a conflict of interests incompatible with the judicial office shall arise.

IMPLEMENTATION OF THE CODE'S PRINCIPLES

12.It is an honorable and moral responsibility of a judge to comply with these principles, and to improve and enrich them, and be a role-model to others to observe and comply with them.

RESPONSIBILITY FOR VIOLATION OF THE PRINCIPLES

13.A judge is morally liable if he or she violates principles of this Code.

Macedonian Judges' Association

 


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