Program of the Summit

1 November 2010, Monday

09:00 Opening Remarks

Mr. Shahid Najam, UNDP Turkey Resident Representative

Ms. Gabriela KNAUL, Special Rapporteur of the UN Secretary General on the Independence of Judges and Lawyers

H.E. Hasan Gerçeker, President of the Republic of Turkey Court of Cassation

09:45 Coffee Break

SESSION I

10:30 "JUDICIAL QUALIFICATION AND DIVERSITY"


Moderator: Mr. Gerhard Reissner, Vice President of the Consultative Council of European Judges (CCJE)

H.E. Prof. Dr. Klaus Tolksdorf, President of the Federal Court of Justice of Germany

Judicial Qualification and Preparation : Judges have formal university-level legal training and have practiced before tribunals or, before taking the bench, are required (without cost to the judges) to take relevant courses concerning basic substantive and procedural areas of the law, the role of the judge in society, and cultural sensitivity.

Continuing Legal Education : Judges must undergo, on a regular basis and without cost to them, professionally prepared continuing legal education courses, the subject matters of which are generally determined by the judges themselves and which inform them of changes and developments in the law.

Mr. Gonzalo Moliner, President of 4th Chamber of the Supreme Court of Spain

Selection/Appointment Process and Gender Representation : Judges are appointed based on objective criteria, such as passage of an exam, performance in law school, other training, experience, professionalism, and reputation in the legal community. While political elements may be involved, the overall system should foster the selection of independent, impartial judges.

11:00 Discussion, Assessment of the Session Results (Moderator)
12:00 Lunch
"Çırağan Kempinski"

SESSION II

13:30 JUDICIAL POWER

Moderator: Mr. Oliver De Baynast, President of the Consultative Council of European Prosecutors (CCPE)

H.E. Beverley McLachlin, Chief Justice of Canada

System of Appellate Review : Judicial decisions may be reversed only through the judicial appellate process

H.E. Bo Svensson, Former Chief Justice of Sweden, Chairmen in Council on Legislation

Rapid and Fair Hearings in High Judiciary

H.E. Prof. Dr. Irmgard Griss, President of Supreme Court of Justice of Austria

Alternative Dispute Resolution and Diversion : Resolution of the disputes in a rapid and less costly way that parties agree with is the principle cause.

14:15 Break
14:30 Discussion, Assessment of the Session Results (Moderator)

SESSION III

15:15 "STRUCTURAL SAFEGUARDS AND FINANCIAL RESOURCES"

Moderator: Ms. Gabriela KNAUL, Special Rapporteur of the UN Secretary General on the Independence of Judges and Lawyers

H.E. Vyaçeslav Mihayloviç Lebedev, President of the Supreme Court of Russia

Budgetary Input : The judiciary has a meaningful opportunity to influence the amount of money allocated to it by the legislative and/or executive branches, and, once funds are allocated to the judiciary, the judiciary has control over its own budget and how such funds are expended.

Adequacy of Judicial Salaries : Judicial salaries are generally sufficient to attract and retain qualified judges, enabling them to support their families and live in a reasonably secure environment, without having to have recourse to other sources of income.

H.E. Prof. Dr. Victor Kamenkov, Chairman of the Supreme Economic Court of the Republic of Belarus

Budgetary Input : The judiciary has a meaningful opportunity to influence the amount of money allocated to it by the legislative and/or executive branches, and, once funds are allocated to the judiciary, the judiciary has control over its own budget and how such funds are expended.

Adequacy of Judicial Salaries : Judicial salaries are generally sufficient to attract and retain qualified judges, enabling them to support their families and live in a reasonably secure environment, without having to have recourse to other sources of income.

Mr. Aldo Grassi, Chief Presiding Judge of the First Criminal Division of the Italian Supreme Court

Removal and Discipline of Judges : Judges may be removed from office or otherwise punished only for specified official misconduct and through a transparent process, governed by objective criteria.

Case Assignment and Dismissal from Service : Judges are assigned to cases by an objective method, such as by lottery, or according to their specific areas of expertise, and they may be removed only for good cause, such as a conflict of interest or an unduly heavy workload.

H.E. András BAKA, President of the Supreme Court of Hungary

Removal and Discipline of Judges : Judges may be removed from office or otherwise punished only for specified official misconduct and through a transparent process, governed by objective criteria.

Case Assignment and Dismissal from Service : Judges are assigned to cases by an objective method, such as by lottery, or according to their specific areas of expertise, and they may be removed only for good cause, such as a conflict of interest or an unduly heavy workload.

16:15 Break
16:30 Discussion, Assessment of the Session Results for SESSION III (Moderator)
17:15 Closure of Day I
19:30 Dinner
"Çırağan Kempinski"

2 November 2010, Tuesday

SESSION III (Continued)

09:00 - 10:00 "STRUCTURAL SAFEGUARDS AND FINANCIAL RESOURCES"

Mr. Lord Mance, Justice of the United Kingdom Supreme Court

Guaranteed Tenure : Senior level judges are appointed for fixed terms that provide a guaranteed tenure, which is protected until retirement age or the expiration of a defined term of substantial duration.

Objective Judicial Advancement Criteria : Judges are advanced through the judicial system on the basis of objective criteria such as ability, integrity, and experience.

H.E. Dr. Serry SIAM, President of the Egyptian Court of Cassation, President of the Supreme Judicial Council

Judicial Immunity for Official Actions : Judges have immunity for actions taken in their official capacity.

H.E. John Loyola Murray, Chief Justice of Supreme Court of Ireland

Judicial Immunity for Official Actions : Judges have immunity for actions taken in their official capacity.

09:45 Discussion, Assessment of the Session Results (Moderator)– SESSION III (Moderator)
10:30 Break

SESSION IV

10:45 "ACCOUNTABILITY AND TRANSPARENCY"

Moderator: Mr. François PAYCHÈRE, Chair of the Working Party on the Quality of Justice of the European Commission for the Efficiency of Justice (CEPEJ)

H.E. Lorenz Meyer, President of the Supreme Court of Switzerland

Judicial Decisions and Improper Influence : Judicial decisions are based solely on the facts and law without any undue influence from senior judges (e.g., court presidents), private interests, or other branches of government.

H.E. Vincent Lamanda, President of the Court of Cassation of France

Code of Ethics : A judicial code of ethics exists to address major issues such as conflicts of interest, ex parte communications, and inappropriate political activity, and judges are required to receive training concerning this code both before taking office and during their tenure.

Judicial Conduct Complaint Process : A meaningful process exists under which other judges, lawyers, and the public may register complaints concerning judicial conduct.

H.E. Geer Corstens, President of the Supreme Court of Netherlands

Public and Media Access to Proceedings : Courtroom proceedings are open to, and can accommodate, the public and the media

Publication of Judicial Decisions : Judicial decisions are generally a matter of public record, and significant appellate opinions are published and open to academic and public scrutiny.

H.E. Lech Paprzycki, President of Supreme Court of Republic of Poland

Public and Media Access to Proceedings : Courtroom proceedings are open to, and can accommodate, the public and the media

Publication of Judicial Decisions : Judicial decisions are generally a matter of public record, and significant appellate opinions are published and open to academic and public scrutiny.

11:45 Break
12:00 Discussion, Assessment of the Session Results (Moderator)– SESSION IV (Moderator)
12:45 Lunch
"Çırağan Kempinski"

SESSION IV

14:00 "ACCOUNTABILITY AND TRANSPARENCY"

Mr. Javed Iqbal, Judge at Supreme Court of Pakistan

File Review and Decision Making Processes : A transcript or some other reliable record of courtroom proceedings is maintained and is available to the public.

Dr. Harifin A. Tumpa, President of the Supreme Court of Republic of Indonesia

File Review and Decision Making Processes : A transcript or some other reliable record of courtroom proceedings is maintained and is available to the public.

14:30 Discussion, Assessment of the Session Results (Moderator)– SESSION IV (Moderator)
15:00 Break

SESSION V

15:15 "GOVERNANCE OF HIGH COURTS"

Moderator: Annie Demirjian, Practice Leader/Democratic Governance, UNDP Bratislava Regional Center

H.E. Ricardo L. Lorenzetti, President of the Supreme Court of Argentina

Global Governance : Dialogue Between Courts

H.E. Hasan Gerceker, President of the Court of Cassation

The Selection Process of High Court Presidents : It is essential that the Presidents and members of high courts are selected independently from the executive branch.

15:45 Discussion, Assessment of the Session Results (Moderator)– SESSION V (Moderator)
16:00 Break
16:15 Assessment of the Results of the Summit by International Community (CEPEJ / CCJE / CCPE / Special Rapporteur of the UN Secretary General on the Independence of Judges and Lawyers)
17:00 Overall Assessment and Declaration of the Principles
17:30 Closing Remarks

Mr. Shahid Najam
UNDP Resident Representative

H.E. Hasan Gerçeker.
President of the Republic of Turkey Court of Cassation
18:00 Closure of Day II
19:30 Dinner
"Angel Restaurant, Sarıyer"

3 November 2010, Wednesday

CULTURAL PROGRAM

09:30 Panaroma 1453 Historical Museum
11:00 Yenikapı Mevlevi Lodge
"Traditional Ottoman Mevlevi Ceremony"
13:00 Lunch
Istanbul Municipality Florya Facilities`
14:30 Topkapı Palace
16:00 Hagia Sophia
Sultan Ahmed Mosque
Grand Bazaar
Free Time
(Upon request)
19:30 Gala Dinner
"Feriye, Ortaköy"