Eighth Annual Regional Rule of Law Forum for South East Europe

Independence and Impartiality of the Judiciary

AGENDA

Friday 03 Sep.

2021

09.30

Opening session

Welcome from the organisers and introduction to the Forum

Biljana Braithwaite, Western Balkans Programme Director, the AIRE Centre

Goran Miletić, Director for Europe, Civil Rights Defenders

Dr. Pavel Usvatov, Director of Rule of Law Programme for South East Europe, Konrad Adenauer Foundation

 

Short address from the city hubs

10.10

Keynote speech: The Rule of Law under Pressure – Reflections
on the Independence and Impartiality of the Judiciary

Judge Robert Spano, President of the European Court of Human Rights

10.30

Break

11.00

Panel discussion

The key criteria to determine if a tribunal is independent, impartial and established by
law – a discussion in light of recent developments in the case law of the ECtHR

Moderators: Ledi Bianku and Biljana Braithwaite

Panelists: Judge Ksenija Turković, Judge Tim Eicke, Judge Ivana Jelić

1. The right to a “tribunal established by law” as a standalone right, including an
overview of recent, relevant developments in the ECtHR caselaw.

2. The key criteria to determine if a tribunal is independent.

3. The key criteria to determine if a tribunal is impartial.

11.45

Questions and contributions

 

Introduction by Judge Faris Vehabović
Questions and interventions from hubs across the region

12.30

Break

13.30

Panel discussion

The relationship between independence and impartiality and other Articles of the Convention

Moderator: Judge Erik Wennerström and Goran Miletić

Panelists: Judge Paul Lemmens, Judge Branko Lubarda, Judge Jovan Ilievski

1. The relationship with other aspects of Article 6 including the presumption of
innocence, the right to a hearing within a reasonable time, the right to a public
hearing and the requirement to provide reasons for judgments.

2. The right to an independent and impartial tribunal established by law as an aspect
of the procedural protections which arise under other Convention rights.

3. The rights of judges: striking a balance between protecting the rights of judges
as individuals and the requirement for them to preserve the independence
and impartiality of the judiciary in the discharge of their duties.

14.15

Questions and contributions

Introduction by Judge Darian Pavli
Questions and interventions from hubs across the region

14.45

End of Day 1

Forum continues in regional city hubs until 17h00 with moderated
discussion on the key challenges to protecting the independence
and impartiality of the judiciary in the countries of the region and
sharing best practice in overcoming these challenges

Saturday 04 Sep.

2021

09.30

Overview of the situation in the Western Balkans

Live reporting back from the national working groups via video link

Moderator: Krešimir Kamber, the Jurisconsult ́s Directorate, European Court of Human Rights

10.50

Break

11.15

The role of the Venice Commission in safeguarding judicial independence

 

Thomas Markert, Former Director and Secretary of the Venice Commission

11.30

Panel discussion

Safeguarding the right to an independent and impartial judiciary established
by law – key challenges and best practice in the region

Moderators: Judge Tim Eicke and Biljana Braithwaite

Panelists: Judge Robert Spano, former Judge Mirjana Lazarova Trajkovska and former Judge Ledi Bianku

1. The role of the judiciary (including transparency, publicity, judicial training and ethics).
2. The role of other branches of government.
3. The role of other institutions, for example judicial councils and the media.

12.15

Questions and contributions

Questions and interventions from hubs across the region

13.00

Closing discussion

Conclusions from the Forum

13.15

END OF THE FORUM