Judicial independence is not a privilege. Judges should be independent of the need to protect the rights and freedoms. Reevaluate this principle is therefore an essential condition for any State that is committed to live in a constitutional democracy. Only this could be the meaning attributed to independence in the address by the President of the Supreme Court at the opening of the judicial year.
Beyond the words, independence requires specific guarantees for its implementation. In practice, its size and complexity could be the content of any judicial reform agenda. Stating the position of social legitimacy of the judges in the country , And warns the President Villa Stein, is a consideration that appeals to the need for judges to be independent. Along these lines, are located the proposals to modernize the management and office administration to decentralize the district court level.
In today's world of independence is the prism through which it is possible to think of a program of institutional transformation. Independent judges as the premise of a fair system would be the hypothesis of this program. In other words, judges culturally involved with the principles of constitutional democracy to provide justice in a reasonable and provided guarantees to act without pressure, with professionalism and speed.
chronic problems of judicial proceedings, beginning with the Supreme Court or the absence of a rational system that gives security to the careers of judges are conditions that deny the performance of the judicial function independently. The independent judge must be able to make sense of historical constitutional and legal system and the independence is of little use if the court, oblivious to any kind of interference can not or is unable to fight the battle to improve citizens' rights and enable access to justice and equal opportunity.
agenda slope is raised for some years. But the president's proposals have some questions Villa Stein necessary at this stage: the case of the governing bodies of the judiciary, including the Plenary Chamber, "which calls for a review on its composition, organization and functions. In fact, in Congress there are several proposals dealing with the issue.
reform management bodies may require creating a system of institutional indicators, from the figures on the caseload to the factors for performance measurement. This system could be a reference for the evaluation of judges has an orientation institutional, professional merit could be incorporated as factors measured in the annual development plans and the idea of \u200b\u200ba new continuous assessment would be meaningless. Cultural change is at the core of this process implies a redefinition of training policies of the AMAG and the creation of a policy of human talents for support staff, consultants and assistants.
Judicial independence can be an opportunity to perform the necessary tasks has always been to continue the transformation program designed from the National Agreement and CERIAJUS Justice, the judicial system and make a space for affirmation of public goods and citizens' rights to confront underdevelopment. The new president of the Supreme Court is faced with the challenge posed by himself.
Lima, January 6, 2009
0 comments:
Post a Comment