Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia

SPÁČ, Samuel, Katarína ŠIPULOVÁ and Marína URBÁNIKOVÁ. Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia. German Law Journal. Frankfurt am Main: Goethe University Frankfurt, 2018, vol. 19, No 7, p. 1741-1768. ISSN 2071-8322.

Basic information

• Original name: Capturing the Judiciary from Inside: The Story of Judicial Self-Governance in Slovakia
• Authors: SPÁČ, Samuel (703 Slovakia, guarantor, belonging to the institution), Katarína ŠIPULOVÁ (703 Slovakia, belonging to the institution) and Marína URBÁNIKOVÁ (703 Slovakia, belonging to the institution).
• Edition: German Law Journal, Frankfurt am Main, Goethe University Frankfurt, 2018, 2071-8322.

Other information

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: Germany
• Confidentiality degree: is not subject to a state or trade secret
• WWW: Open access časopisu
• RIV identification code: RIV/00216224:14220/18:00105249
• Organization unit: Faculty of Law
• Keywords in English: judicial self-government; judicial council; confidence in judiciary; judicial independence; judicial accountability; transparency of judiciary; legitimacy of judiciary; Slovak judiciary
• Tags: rivok
• Tags: International impact, Reviewed

Abstract

The article discusses the development in the administration of the Slovak judiciary since the separation of Czechoslovakia and the impact of the empowerment of the judicial self-governance on the functioning of the judicial system. After independence, the administration of the judiciary initially rested in the hands of the executive. In 2002, Slovakia created its Judicial Council and transferred a considerable amount of powers on it, especially related to judicial careers. It was expected that this would de-politicize the judicial system. However, a high level of autonomy of the judiciary chiefly led to the empowerment of judicial elites. This reduced the democratic accountability of the judiciary, encapsulating it from society and enabling it to promote its own interests. Selection processes have often been used to fill judicial ranks with judges with close ties to the system. Accountability mechanisms such as promotions, disciplinary procedures or remuneration schemes were used to reward allies of those on the top of the hierarchy and to punish their critics. Still, adherence to EU-backed standards on the administration of the judiciary may have increased the legitimacy of the judiciary, while concentrating decision-making in one body enhanced transparency, which was furthered due to low public confidence resulting in unprecedented levels of information available about the Slovak judicial system. All in all, the Slovak example displays the dangers of establishing judicial self-governance in countries where an internal ethical culture and a strong sense of judicial duty are still lacking.

Links

• 46943, interní kód MU: Name: JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect (Acronym: JUDI-ARCH)

Investor: European Union, ERC (Excellent Science)