ABSTRACT

The management of the judiciary raises complex questions about the role of different institutions and how their involvement can be made compatible with judicial independence and the rule of law. Judicial self-management, where the management of the judiciary is dominated by a separate body of lawyers chosen from a group elected by their peers, and entrusted with the appointment, promotion, relocation and disciplining of judges, and the management of the judicial branch. Although a constitution will invariably enshrine the rule of law and judicial independence, in practice in the executive model there is separation of executive and judicial powers. Overall the responsibilities entrusted to ministries of justice for the administration of the judiciary under the executive model appear to limit the independence of judicial decision-making. The legislature is often involved in the management of the judicial branch. In Slovakia, the National Council has a role in managing the careers of judges elected by parliament based on proposals from the government.