3619 Results
Quotes
Quotes based on international documents, law, and treaties- "The decision of the tribunal that reviews an administrative act should, at least in important cases, be subjected to appear to a higher tribunal, unless the case is directly referred to a higher tribunal in accordance with the national legislation."
- "Normally, the proceedings should consist of not more than two hearings, the first of which might be a preliminary hearings of a preparatory nature and the second for taking evidence, hearing arguments and, if possible, giving judgment."
- "Moreover, particular rules or sets of rules should be instituted in order to expedite the settlement of disputes: a. in urgent cases; b. in cases relating to an undisputed right or an established liquidated claim and in cases involving small claims;c. in the field of road accidents, labour disputes, landlord and tenant issues and certain questions of family law, in particular the fixing and reassessment of maintenance. (2) To this end, one or more of the following measures could be utilised: simplified methods of commencing litigation; no hearing or the convening of only one hearing or, as the occasion may require, of a preliminary preparatory hearing; exclusively written or oral proceedings, as the case may be; prohibition or restriction of certain exceptions and defences; more flexible rules of evidence; no adjournments or only brief adjournments; the appointment of a court expert, either ex officio or on application of the parties, if possible at the commencement of the proceedings; an active role for the court in conducting the case and in calling for and taking evidence."
- "The appeal procedure and, in particular, the powers and responsibilities of the various bodies should be clearly regulated by law, so as to avoid conflicts of jurisdiction (whether positive or negative). Neither the appellants nor the authorities should be able to choose the appeal body."
- "Ambiguous, evasive or incomplete provisions in the election law or other normative acts may generate confusion over the jurisdiction of the courts and election commissions to deal with election disputes. In recent elections in the OSCE region, this has provided opportunities to “forum shop” for a desired result between the courts and election commissions, which was exploited, causing obstruction and delays in the process of installing elected candidates."
- "Proceedings on complaints and appeals, including within election administration and in the courts, must be transparent."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The opportunity to present or submit evidence in support of a complaint."
- "Judges shall be independent in the discharge of their duties."
- "The requirement of competence, independence and impartiality of a tribunal in the sense of article 14, paragraph 1, is an absolute right that is not subject to any exception."
- "States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption of laws establishing clear procedures and objective criteria for the appointment, remuneration, tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them."
- "The notion of a 'tribunal' in article 14, paragraph 1 designates a body, regardless of its denomination, that is established by law, is independent of the executive and legislative branches of government or enjoys in specific cases judicial independence in deciding legal matters in proceeding that are judicial in nature. Article 14, paragraph 1, second sentence guarantees access to such tribunals to all who have criminal charges brought against them...Similarly, whenever rights and obligations in a suit at law are determined, this must be done at least at one stage of the proceedings by a tribunal within the meaning of this sentence."
- "At the beginning of the new century and millennium, we reaffirm our commitment to the promotion of democracy and its core values in our respective countries. In particular, we undertake to work with renewed determination to enforce…adherence to the separation of powers, including the protection of the independence of the judiciary and of effective parliaments."
- "In support of Good Governance We have agreed to: ensure the independence of the judicial system that will be able to prevent abuse of power and corruption."
- "State parties shall strive to institutionalize good political governance through: 3. An independent judiciary."
- "Democratic elections should be conducted: c) under a system of separation of power that ensures in particular, the independence of the judiciary."
- "The independence of judicial bodies and judicial officers shall be guaranteed by the constitution and laws of the country and respected by the government, its agencies and authorities."
- "All administrative acts should be subject to judicial review."
- "Judges should in particular have the following responsibilities: a. to act independently in all cases and free from any outside influence; b. to conduct cases in an impartial manner in accordance with their assessment of the facts and their understanding of law, to ensure that a fair hearing is given to all parties."
- "Procedures should be established to allow challenges to be made within an appropriate timeframe to an independent body, such as a court. Challenges should be dealt with impartially, and decisions should be based on the available evidence and made without political consideration."
- "Going beyond the requirements and practices described earlier, some additional best practices for handling election complaints and appeals include the following: The right to an impartial tribunal to decide the complaint."
- "the effectiveness, impartiality and independence of the judiciary, including the office of the prosecutor, and that of electoral bodies, is a pre-condition for the fair, effective and impartial handling of election-related disputes in conformity with the commonly accepted international standards on elections and the rule of law."
- "The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or far any reason."
- "Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals."
- "it is necessary to guarantee a judiciary that is totally unconstrained by any partisan influence or control."
- "a. Judicial review should be conducted by a tribunal established by law whose independence and impartiality are guaranteed in accordance with the terms of Recommendation No. R (94) 12. b. The tribunal may be an administrative tribunal or part of the ordinary court system."
- "This recommendation is applicable to all persons exercising judicial functions, including those dealing with constitutional, criminal, civil, commercial and administrative law matters... All necessary measures should be taken to respect, protect and promote the independence of judges."
- "A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control of direct the former is incompatible with the notion of an independent tribunal."
- "The Court has held that the tribunal must be independent of both the executive and the parties."
- "The requirement of independence refers, in particular, to the procedure and qualifications for the appointment of judges, and guarantees relating to their security of tenure until a mandatory retirement ago or the expiry of their term of office, where such exist, the conditions governing promotion, transfer, suspension, and cessation of their functions...In order to safeguard their independence, the status of judges, including their term of office, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law."
- "(10) Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualification in law. Any method of judicial section shall safeguard against judicial appointments for improper motives...(11) The term of office for judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law. (12)Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists. (13) Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity and experience."
- "h) The process for appointments to judicial bodies shall be transparent and accountable and the establishment of an independent body for this purpose is encouraged. Any method of judicial selection shall safeguard the independence and impartiality of the judiciary."
- "The independence of judges should be guaranteed pursuant to the provisions of the Convention [ECHR] and constitutional principles, for example by inserting specific provisions in the constitutions or other legislation or incorporating the provisions of this recommendation in internal law. Subject to the legal traditions of each state, such rules may provide, for instance, the following: i. decisions of judges should not be the subject of any revision outside any appeals procedures as provided for by law; ii. the terms of office of judges and their remuneration should be guaranteed by law."
- "Related to the protection to these prerequisite rights is the importance of a fully functioning, independent judiciary. The judiciary is the principal national body charged with the protection of the rule of law, both during and between election periods. Additionally, in order to ensure the existence of effective avenues through which people can express objections and complaints regarding the election process, it is necessary to guarantee a judiciary that is totally unconstrained by any partisan influence or control. The following are some of the basic principles on the independence of the judiciary: (a) judicial independence must be guaranteed in the Constitution or other law of the country; (b) Judicial impartiality must be guaranteed without any restrictions, improper influences, inducements, pressures, threats of interferences, direct or indirect; (c) The judiciary must have exclusive authority to determine competence to adjudicate; (d) Judicial decisions shall not be subject to revision. This principles should be without prejudice to judicial review of lower court decisions and mitigation or commutation by competent authorities of sentences imposed by the judiciary in accordance with the law; (e) The judiciary must be entitled and required to ensure the judicial proceedings are conducted fairly and that the rights of parties are respected; (f) States are required to provide adequate resources to enable a proper functioning of the judiciary."
- "These principles provide a safety mechanism ensuring that the rule of law, rather than any politician or external body, controls the conduct of elections. A judiciary functioning under these principles serves both the important cause of peaceful dispute resolution and that of protecting the process from bias or fraud. The judicial role, of course, complements, and does not replace, the function of independent electoral authorities."
- "The requirement of impartiality has two aspects. First, judges must not allow their judgment to be influenced by personal bias or prejudice, nor harbour preconceptions about the particular case before them, nor act in ways that improperly promote the interests of one of the parties to the detriment of the other. Second, the tribunal must also appear to a reasonable observer to be impartial. For instance, a trial substantially affected by the participation of a judge who, under domestic statutes, should have been disqualified cannot normally be considered to be impartial."
- "A situation where the functions and competencies of the judiciary and executive are not clearly distinguishable or where the latter is able to control or direct the former is incompatible with the notion of an independent tribunal."
- "A judicial body shall base its decision only on objective evidence, arguments and facts presented before it. Judicial officers shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats or interference, direct or indirect, from any quarter or for any reason."
- "1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation."
- "In compliance with the fundamental obligations laid down in Article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone… the right to security of the person and protection by the State against violence of bodily harm, whether inflicted by government officials or by any individual group or institution."
- "(1) Migrant workers and members of their families shall have the right to liberty and security of person."
- "States Parties shall ensure that persons with disabilities, on an equal basis with others: (a) Enjoy the right to liberty and security of person."
- "Every individual shall have the right to liberty and to the security of the person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained."
- "Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited."
- "Every person has the right to personal liberty and security."
- "No one shall be subject to arbitrary arrest or imprisonment."
- "Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest, search or detention without a legal warrant. 2. No one shall be deprived of his liberty except on such grounds and in such circumstances as are determined by law and in accordance with such procedure as is established thereby."
- "Everyone shall have the right to liberty and security of the person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure established by national legislation: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person; (c) the lawful detention of a minor for the purpose of referring his case for investigation, sentencing or trial."
- "The supremacy of the Constitution is the basis for conducting of free elections, and provides the citizens and other participants of the election process with the possibility to make their choice in respect of their participation or non-participation in elections within the form allowed by the law and by legal methods, without any influence, violence, threat to apply violence or an illegal coercion, not being afraid of penalty or influence, regardless of the results of the voting and results of elections, and with provision of legal and other guarantees as regards the issue that there will be exercised the principles of free elections during the whole election process."
- "Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law."
- "Each Contracting Party shall secure to migrant workers treatment not less favourable than that of its own nationals in respect of legal proceedings. Migrant workers shall be entitled, under the same conditions as nationals, to full legal and judicial protection of their persons and property and of their rights and interests; in particular, they shall have, in the same manner as nationals, the right of access to the competent courts and administrative authorities, in accordance with the law of the receiving State, and the right to obtain the assistance of any person of their choice who is qualified by the law of that State, for instance in disputes with employers, members of their families, or third parties. The rules of private international law of the receiving State shall not be affected by this Article."