Judicial independence and impartiality Sample Clauses
Judicial independence and impartiality. (1) The Court, its judges and the Registrar shall enjoy judicial independence. In the performance of their duties, the judges shall not be bound by any instructions.
(2) Legally qualified judges, as well as technically qualified judges who are full-time judges of the Court, may not engage in any other occupation, whether gainful or not, unless an exception is granted by the Administrative Committee.
(3) Notwithstanding paragraph 2, the exercise of the office of judges shall not exclude the exercise of other judicial functions at national level.
(4) The exercise of the office of technically qualified judges who are part-time judges of the Court shall not exclude the exercise of other functions provided there is no conflict of interest.
(5) In case of a conflict of interest, the judge concerned shall not take part in proceedings. Rules governing conflicts of interest are set out in the Statute.
Judicial independence and impartiality. (1) The Court, its judges and the Registrar shall enjoy judicial independence. In the performance of their duties, the judges shall not be bound by any instructions.
Judicial independence and impartiality. (1) The Court, its Judges and the Registrar shall enjoy judicial independence. In their decisions, the Judges shall not be bound by any instructions..
(2) Technically and legally qualified Judges who are permanent Judges may not engage in any occupation, whether gainful or not, unless otherwise provided in this Article or when an exemption is exceptionally granted by the Council [or the Mixed Committee].
(3) The exercise of the office of a legally qualified Judge shall not exclude the exercise of other judicial functions at the national level.
(4) he exercise of the office of a technically qualified Judge who are not permanent Judges pursuant to Article 13, paragraph 2, shall not exclude the exercise of other functions provided there is no conflict of interest.
(5) In cases of a conflict of interest, the Judges shall not take part in proceedings. Rules governing conflicts of interest shall be provided for in the Statute.
Judicial independence and impartiality. (1) The Court, its Judges and the Registrar shall enjoy judicial independence. In their decisions, the Judges shall not be bound by any instructions and shall comply only with the provisions of this Agreement, the Statute and the Rules of Procedure.
(2) Judges shall not take part in proceedings concerning patents or patent applications if there is a conflict of interest, in particular when they have been connected in any way in a previous function. Rules for conflict of interest shall be provided for in the Statute.
(3) The exercise of the office of a legally qualified Judge shall not exclude the exercise of other judicial functions at the national level.
(4) The exercise of the office of a technically qualified Judge shall not exclude the exercise of other functions provided there is no conflict of interest.
Judicial independence and impartiality. According to the Magna Carta of Judges judicial independence and impartiality are essential prerequisites for the operation of justice. Judicial independence shall be statutory, functional and financial. It shall be guaranteed with regard to the other powers of the State, to those seeking justice, other judges and society in general, by means of national rules at the highest level. Judicial independence shall be guaranteed in respect of judicial activities and in particular in respect of recruitment, nomination until the age of retirement, promotions, irremovability, training, judicial immunity, discipline, remuneration and financing of the judiciary4. Internal independence In its Recommendation to member States on judges: independence, efficiency and responsibilities the Committee of Ministers dedicated Chapter III to the question of internal independence of judges, which requires that, in their decision making judges should be independent and impartial and able to act without any restriction, improper influence, pressure, threat or interference, direct or indirect, from any authority, including authorities internal to the judiciary. Hierarchical judicial organisation should not undermine individual independence5. 3 See the “Rule of Law checklist”, adopted by the Venice Commission on 18 March 2016, p. 75.