Judicial Governance and Judicial Self-Governance as a Guarantee of Judicial Independence

Abstract

The article deals with issues of judicial governance and judicial self-governance as a guarantee of the independence of the judiciary, examines their general and purpose, points out their distinction not only at the terminology but also at the functional level. The provisions of the updated legislation on the organizational forms and activities of judicial governance and judicial self-governance bodies, their interaction in terms of ensuring the principle of independence of the judiciary are analyzed. In this context, issues related to such bodies of judicial governance as the High Council of Justice, the High Qualifications Commission of Judges of Ukraine and bodies of judicial self-governance are considered. Based on the analysis, it was concluded that the bodies entrusted with protecting the independence of judges should be autonomous, independent judicial authorities, which provides for the possibility of individual judges exercising their functions regardless of any control by the executive and legislative branches and without undue pressure from within the judicial system, which is the source of International and European standards in the field of justice. It is determined that in the general purpose - ensuring the independence of the judiciary and judges, the purpose of the «judicial governance» is to create and provide for the organs of the judiciary such organizational conditions under which the activity of the court will be transparent, justice - fair, impartial, and judges to meet high requirements training, ethics and integrity. «Judicial self-governance» is also focused on protecting the professional rights of judges and resolving issues of internal court activity. Based on the analysis of the provisions of the updated legislation, it is foreseen that some powers of the Integrity and Ethics Commission may interfere with the activities of the High Council of Justice and thus violate the principle of independence of the body.