V. COMPETENCE AND DILIGENCE

Why should it be evaluated/measured:

The rule of law implies not only the independence of the judiciary, but also competent courts which are able to implement a qualitative justice. If the competency adds to the value of independence, the latter is supplemented by dedication or commitment to honestly fulfill the judicial tasks, i.e. the judicial duty and the duty of honest court administration (commitment to professional values ​​/ deontology).

The individual commitment of the judge to the duty and the professional values ​​implies that the duty as a judge of an individual has priority over all of his/her other activities, and may even bring about limitations on individual behavior and life, unlike those of other citizens. The three together (independence, competence and commitment to professional values) are prerequisites for the judiciary to perform with the appropriate standards in the fulfillment of its judicial function as a defender of freedom and justice in a democratic society.[1]

Diligence or professional commitment means that a judge should not only be competent but must fulfill all his duties in the following manner: a) efficiently b) fairly and c) with reasonable promptness, at the right time and without unjustified delays[2]. The judge must hold a dissuasive stance against the “delaying tactics” of the parties, the “unreasonable inflation” of court costs to the parties; he/she should make the most reasoned decisions, and should make personal efforts to improve his professional competence, i.e. not rely solely on institutional training.

Competence includes: a) juridical-judicial competence b) extrajudicial abilities as adjudicator of cases or court chairman, c) communication c) personal qualities that must be in accordance with the dignity of the exercise of judicial function.[3]

 

 

 

[1] Principle/Value 6 of Bangalore Principles of Judicial Conduct

[2] Paragrafi 6.5, I Vlera 6 të Parimeve të Bangalore Principles of Judicial Conduct

[3] Article 9, item 1 letter “a”, Article 3, item 5 of Law no. 96/2016