Language Switcher

Navigation

Tunisia: Financial independence of the judiciary

On 24/02/2015 in

The State must provide adequate resources to enable the judiciary as an institution to perform its functions properly.[1]

 

The remuneration and pensions of judges must be secured by law at an adequate level[2] that is consistent with their status and is sufficient to safeguard against conflict of interest and corruption.[3] 

The overall budget for the courts should be prepared “in collaboration with the judiciary having regard to the needs and requirements of judicial administration”.[4] The total budget should be adequate to cover not only remuneration, but other human and technical resources, training, and means for providing for physical security, as well.[5]

 

Pursuant to the Constitution, the High Judicial Council enjoys administrative and financial autonomy and has a self-governing character. It prepares its own budget proposal and discusses it before the specialized committee in parliament.[6]

The budget of the judiciary is drafted and managed by the Ministry of Justice.[7] It is not separate from the latter’s budget, which includes for example all the expenses related to the tribunals’ infrastructure.

 

Footnotes    (↵ returns to text)

  1. 1. UN Basic Principles on the Independence of the Judiciary, Principle 7;

    It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.

     Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Adopted by the African Commission on Human and People’s Rights, Article A.4(v);

    States shall endow judicial bodies with adequate resources for the performance of its their
    functions. The judiciary shall be consulted regarding the preparation of budget and its
    implementation.

    Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 33.

    It shall be a priority of the highest order for the State to provide adequate resources to allow for the due administration of justice, including physical facilities appropriate for the maintenance of judicial independence, dignity and efficiency; judicial and administrative personnel; and operating budgets.

    ↵
  2. 2. Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Adopted by the African Commission on Human and People’s Rights, Article A.4(v).

    States shall endow judicial bodies with adequate resources for the performance of its their
    functions. The judiciary shall be consulted regarding the preparation of budget and its
    implementation.

    ↵
  3. 3. UN Basic Principles on the Independence of the Judiciary, Principle 11;

    The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.

     Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 16(a) ”Article

    The term of office of the judges, their independence, security, adequate remuneration and conditions of service shall be secured by law and shall not be altered to their disadvantage.

     Universal Charter of the Judge, Approved by the International Association of Judges on 17 November 1999, ”Article

    The judge must receive sufficient remuneration to secure true economic independence. The remuneration must not depend on the results of the judges work and must not be reduced during his or her judicial service. The judge has a right to retirement with an annuity or pension in accordance with his or her professional category. After retirement a judge must not be prevented from exercising another legal profession solely because he or she has been a judge.

     Inter-American Commission on Human Rights, Guarantees for the Independence of Justice Operators, para. 128.

    Adequate remuneration, human and technical resources, ongoing training and security are conditions that are essential to enabling justice operators to perform their functions independently and in order for the cases assigned to them to be prosecuted in court. Proper working conditions also help combat external or internal pressures like corruption. The Commission will now turn its attention to some of the conditions that are critical to ensuring that justice operators are able to perform their functions independently.

    ↵
  4. 4. Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), ”Article

    The budget of the courts shall be prepared by the competent authority in collaboration with the judiciary having regard to the needs and requirements of judicial administration.

    ↵
  5. 5. Inter-American Commission of Human Rights, Guarantees for the Independence of Justice Operators, OAS Doc. OEA/Ser.L/V/II. (2013), para. 128;

    Adequate remuneration, human and technical resources, ongoing training and security are conditions that are essential to enabling justice operators to perform their functions independently and in order for the cases assigned to them to be prosecuted in court. Proper working conditions also help combat external or internal pressures like corruption. The Commission will now turn its attention to some of the conditions that are critical to ensuring that justice operators are able to perform their functions independently. (footnote omitted)

     Statute of the Iberoamerican Judge, Adopted by the VI Iberoamerican Summit of President of Supreme Courts and Tribunals of Justice (2001), Article 35.

    Guaranteeing the independence and impartiality which have to chair the exercise of the judicial function, the State shall provide the necessary means for the family and personal security of the judges according to the circumstances of
    risk to which they can be presented.

    ↵
  6. 6. 2014 Constitution, Article 113.

    The Supreme Judicial Council enjoys administrative and financial independence and shall be self-managing. It prepares its own draft budget which it discusses before the competent committee of the Assembly of the Representatives of the People.

    ↵
  7. 7. Decree No. 92-1330 concerning the organization of the Ministry of Justice, Article 17.↵
Comments are closed.