Sonja Haberl

Judicial Independence and Disciplinary Control. Some Remarks on a Recent Decision of the German Federal Court of Justice

  • Abstract

Informations and abstract

Keywords: Judicial Independence; Judicial Efficiency; Disciplinary Control; Evaluation System.

The so-called disciplinary control ("Dienstaufsicht") of judges, which in Germany is carried out by the executive, is one of the most widely discussed issues with reference to the potential erosion of judicial independence. A recent decision of the Federal Court of Justice hinges on the conflict between judicial independence and executive control and represents a good starting point for a closer look at the evaluation of judicial systems in general and of judicial performance in particular. The underlying analysis sets out to demonstrate how the increasing importance accorded to quantitative data is likely to have a detrimental effect on the way in which the judiciary finds and interprets law.

Trova nel catalogo di Worldcat

Article first page

Article first page