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Vprašanje korupcije v sodstvu: Pogled evropskih sodnikov

Vprašanje korupcije v sodstvu: Pogled evropskih sodnikov

This video was recorded at Conference on Perception of Law and Justice in the Society, Ljubljana 2007. We are dealing with an extremely disagreeable subject that many would discuss only as a principle, rather than go into real occurrences of corruption. However, speaking of corruption in principle, we shall soon find that there is practically nothing regarding corruption we would not agree upon. As a starting point, I shall presume that corruption in the justice system presents a particular problem. A harmfull takeover of judiciary by economic or political actors. With respect to corruption, which represents a permanent threat to political and economic stability, the justice system is of crucial importance. Anti-corruption programs shall fail if corruption is also present in the justice system. Hence, by eliminating corruption in its own ranks, the justice system can have a positive impact on reducing the level of corruption outside the justice system. We could say that judges are gate keepers of corruption in society. However, it is hard to imagine that the judiciary could remain pristine island of virtue untouched by corruption in a generally very corrupt state system. The justice system fulfils all theoretical conditions to face the phenomenon of corruption in its own ranks. It operates in the public sector, having a monopoly as the soul institution that safeguards the right to legal protection. The justice system is subject to possibility of the corrupt exchange of information or of profit from the relationship with the private sector, as well as the public sector. Moreover, the judiciary has a special responsibility for judgements rendered. With this, we have all basic elements of the following theoretical formula: corruption is the sum of monopolies and discretions reduced by responsibility. That is why international community and Council of Europe member states pay constant attention to judicial corruption.

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