Judicial Selection Under Scrutiny: Judicial Independence, Lawfulness and Merit

Excellent judges with an independent state of mind and high moral integrity are prerequisites for a good and independent judiciary. Therefore, it is essential that only the best lawyers become judges, that only the best judges are promoted to the most important positions within the judiciary, and that selection procedures ensure judicial independence and the lawfulness of the courts. The main research question that we address with this project can be summarized as follows: In what manner does the selection of Slovenian judges respect European standards of judicial independence and the lawfulness of the courts as well as the candidates’ merits, and does it respect them to a sufficient extent? In order to answer these questions, the project will first identify, analyse and critically assess the latest European standards concerning judicial independence and the lawfulness of courts. Secondly, it will determine the common understanding of merit, which should be the primary consideration in selection procedures for judges. Thirdly, it will analyse the wide range of questions concerning the selection (appointment and promotion) of Slovenian judges: from the controversial role of the legislative branch, procedural guarantees and the application of selection criteria in practice to the accessibility of selection procedures in relation to the diversity of the professional and social background of the candidates. Selection procedures will be scrutinised by employing a rich and thorough empirical research approach, combining qualitative (interviews and surveys) with quantitative (statistical) methods. Finally, the selection procedures for Slovenian judges will be evaluated from the perspective of the latest European standards concerning judicial independence and lawfulness of the courts and merit. By analysing the selection procedures for judges, we will aim to better understand and foster opportunities to enhance a high-quality and independent judiciary, which is a prerequisite for public confidence in the judiciary and a guarantee for the proper resolution of disputes and the protection of the parties' rights. In a system of separation of powers, a high-quality and independent judiciary checks the political branches, prevents the usurpation of power and is thus a key building block of the rule of law and democracy. At the same time, it reduces transaction costs and opportunistic behaviour in markets and positively impacts economic activity.