International Standards on Judicial Ethics and the Pitfalls of Cursory Legal Transplantation

Knežević Bojović, Ana and Matijević, Milica V. and Glintić, Mirjana (2022) International Standards on Judicial Ethics and the Pitfalls of Cursory Legal Transplantation. In: Balkan Yearbook of European and International Law 2021. Springer, Cham, pp. 163-184. ISBN 978-3-030-97431-2

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In the paper, the authors examine the introduction of the mechanisms for confidential counselling on ethical matters for judges as a practice that can be classified as legal borrowing, viewing it in a broader context of international standards in the judicial sector and their implementation in national judicial systems. Based on the dogmatic, comparative and case study methods, the authors investigate the international standards on judicial ethics and current developments in their implementation. The authors go on to provide an overview of the key theoretical positions regarding legal transplants and the requirements for their success, focusing particularly on the legal borrowing exercises in the judicial sector. The case study of Romania is used as a lesson-learning exercise on the subject of failed legal transplants, which confirms that the success of legal transplants is conditional on a thorough understanding of the national judicial culture and the way in which the judiciary functions. The case study also points to the importance of pursuing legal transplantation as a comprehensive package embracing systemic normative and dogmatic interventions coupled with the necessary level of societal and political support. Finally, the authors show that mechanisms for providing ethical guidance to judges cannot be transplanted through blind copy-paste acts. Instead, just like codes of ethics, bodies in charge of providing guidance on how to act in line with ethical norms are to be developed in a process that should ensure continuous and broad involvement of the members of the judicial profession.

Item Type: Book Section
Additional Information: COBISS.SR-ID - 66830089
Uncontrolled Keywords: legal transplants, international standards on judicial ethics, confidential counselling, failed legal transplants, GRECO Case study Romania
Subjects: Pravosudno organizaciono pravo
Depositing User: Aleksandra Višekruna
Date Deposited: 27 Jun 2022 21:22
Last Modified: 19 Sep 2022 20:36

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