Abstract
Judicial ethical codes have become increasingly important in member states of the European Union as a point of reference for judges and as a means of securing public trust in judiciaries. In the ENCJ’s survey on the independence, accountability, and quality of judicial systems in Europe, sub-indicators were included to measure the existence of judicial ethical codes and relating training and supervision. This survey and the critical scholarly discussion about it provide valuable lessons for further empirical research on the perceptions of judges in EU member states relating to professional-ethical codes and standards. This article explores the most important lessons for this envisaged research. The main methodological considerations which come to the fore are: 1) to clearly delineate the research aims and central terms which are used in the survey; 2) to avoid insularity by including a representative and diverse group of respondents; 3) to validate and contextualise the results through a multi-method approach and critical debates with scholars and stakeholders.
Highlights
Ethical codes for legal professionals have been compared to a mille-feuille, the French pâtisserie composed of layers of puff pastry and pastry cream and topped with powdered sugar or icing.[1]
In the European Network of Councils for the Judiciary (ENCJ)’s survey on the independence, accountability, and quality of judicial systems in Europe, sub-indicators were included to measure the existence of judicial ethical codes and relating training and supervision
With regard to judicial ethical codes, there could be a risk of scores being used by governments or court managers to put pressure on judges, or by European Union (EU) institutions to put pressure on member states to push through specific reforms
Summary
Ethical (or deontological) codes for legal professionals have been compared to a mille-feuille, the French pâtisserie composed of layers of puff pastry and pastry cream and topped with powdered sugar or icing.[1]. In states where the rule-of-law principle is not yet as firmly embedded, for example in post-communist states in Central and Eastern Europe, judicial ethical codes more often appear to have a stronger binding nature and contain more specific norms.[59] This is visible in the example of the Romanian code, which encompasses specific and precise norms and explicitly mentions the role of the code in evaluations of judges and public prosecutors.[60] In empirical research, this distinction should be kept in mind, as it can be expected to colour the perceptions of judges with regard to the influence of ethical codes on their professional conduct inside the courtroom as well as in their interaction with political actors and society. Readers of the report are advised to treat the comparison of data from different countries with various geographical, economic and legal backgrounds with great caution.”[75]
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