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European electoral heritage – 10 years of the Code of Good Practice in electoral matters (Science and technique of democracy No. 50) (2013)
ISBN 978-92-871-7653-0
The Code of Good Practice in Electoral Matters, which was adopted by the Venice Commission in 2002, is the reference document of the Council of Europe in the electoral field. It defines in detail the standards of European electoral heritage: universal, equal, free, secret and direct suffrage, as well as the frequency of elections, including the framework conditions that are necessary for the organisation of proper elections, such as respect for human rights, particularly in the political field, the organisation of elections by an impartial body and an effective appeals system.
This publication contains the reports presented at the seminar organised under the Albanian Chairmanship of the Committee of Ministers of the Council of Europe on the occasion of the 1Oth anniversary of the code. It focuses in particular on the main problems of electoral law and administration, including the composition and functioning of electoral administration, as well as the representation of women and minorities. It also refers to the importance of the code for the other Council of Europe bodies, including the European Court of Human Rights, when ensuring the right to free elections.
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European judicial systems - Edition 2012 (2010 data). Efficiency and quality of justice (2012)
ISBN 978-92-871-7559-5
The new Edition of the report of the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of the judicial systems in 46 Council of Europe’s member states, remains in line with the process carried out since 2002. Relying on a methodology which has already proven itself in order to collect and process a wide number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and the quality of justice. To have the knowledge in order to be able to understand, analyse and reform, such is the objective of the CEPEJ which has prepared this report, intended for policy makers, legal practitioners, researchers as well as for those who are interested in the functioning of justice in Europe.
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Judges : independence, efficiency and responsibilities – Recommendation CM/Rec(2010)12 and explanatory memorandum (2011)
ISBN 978-92-871-7072-9
Recommendation CM/Rec(2010)12 on the independence, efficiency and responsi¬bilities of judges updates a recommendation that the Committee of Ministers of the Council of Europe adopted in 1994. These new rules aim to promote the role of judges, improve both their efficiency and independence and clarify their duties and responsibilities. They take account of the new ideas and practices that have emerged in member states' judicial systems since 1994.
This recommendation places emphasis on the independence of every individual judge and of the judiciary as a whole. The notion of "internal independence", which aims at protecting judicial decisions from undue internal influences, is one of the important new elements of the recommendation. Judicial "efficiency" is defined in a clear and simple manner. Additional measures on the selection and training of judges, their responsibility, and judicial ethics seek to strengthen the role of individual judges and the judiciary in general.
Overall, the recommendation represents a significant step forward in strengthening the protection of human rights and fundamental freedoms, as the manner in which judges exercise their judicial functions is crucial to the protection of these rights and freedoms.
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Principles concerning continuing powers of attorney and advance directives for incapacity - Recommendation CM/Rec(2009)11 and explanatory memorandum (2011)
ISBN 978-92-871-6830-6
Current demographic trends tend towards an increase in the number of elderly people becoming incapable of protecting their own interests due to an impairment or insufficiency of their personal faculties. In addition, the circumstances in which adults become incapacitated are increasingly numerous.
The recommendation covers both continuing powers of attorney and advance directives and focuses on aspects such as content, appointment and role of the attorney, form, entry into force, revocation and termination.
In contrast to existing instruments in this field, this recommendation brings something new to the table, as it deals primarily with decisions made privately by the persons concerned. Self-determination, according to this instrument, implies that the granters, to a large extent, are free to make decisions regarding their future life.
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