The International Project on

Judicial Independence

International Conference on

International Standards of Judicial Independence:

Comparative Analysis and Challenges of Implementation

Cracow, 25th-26th of November 2008

Museum Collegium Maius, Jagiellońska 15 St.

Bobrzyński’s Room

Organized by JagiellonianUniversity inCracow

and

HebrewUniversityof Jerusalem

University of Cambridge

With the Support of

The Ministry of Justice of Poland

and

Sacher Trust Funds, Mizock Chair, Jacobson Foundation

Draft Program

25 November 2008

15.00 – 17.00 Opening Session

Chair: Dr hab.Fryderyk Zoll, Prof. of the JagiellonianUniversity, Center for the Study of Foreign Law at the JagiellonianUniversity

Opening Remarks

Prof. Fryderyk Zoll, Co Chair of the Conference

Prof. Shimon Shetreet, Greenblatt Professor of Public and International Law, Co Chair of the Conference

Welcome Speeches

Prof. dr hab. Karol Musioł, Rector of the JagiellonianUniversity

Prof. dr hab. Krystyna Chojnicka, Dean of the Faculty of Law and Administration of

JagiellonianUniversity

Dr. Michael Karayanni , Director Michael and Harry Sacher Institute of Comparative Law and Legislative Research, HebrewUniversity of Jerusalem

Dr. Anat Scolnicow, Deputy Director, Center of Public Law, University of Cambridge, UK

Lectures

Introduction: Prof. Shimon Shetreet, General Coordinator International Project on Judicial

Independence

Prof. Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School

Lecture in Honour of Adv. Daniel Jacobson: The Relationship between Constitutional Courts and Supreme Courts

Introduction: Dr Marlena Pecyna, Chair of the Local Organizing Committee, Center for the Study of Foreign Law at the JU

Dr hab. Zbigniew Ćwiąkalski, prof. of the University in Rzeszów, Chair of the Criminal Law of the JU, Minister of Justice of Poland

Judiciary Independence in Poland

17.00-17.30 – coffee break

17.30-19.00 Second Session:Implementations of the International standards of Judicial Independence

Chair: Prof. Peter Gilles, Institut fur Rechtsvergleichung Johann Wolfgang Goethe Universitat, Frankfurt

Lectures

Prof. dr hab. Andrzej Zoll, Former President of the Polish Constitutional Court, Chair of the Criminal Law of the JagiellonianUniversity

Independence of the Judiciary as a Civil Right of Citizens

Professor Shimon Shetreet

The International Standards of Judicial Independence: The Normative Cycle of National and International Law on Judicial Independence

Comments

Prof. Marcel Storme, ProfessorEmeritusGhentUniversity, Former President of International Association of Procedural Law

Prof. Chandra R. De Silva, Dean, College of Arts and Letters at Old Dominion University

19.00- Evening Cultural Program, Welcome Reception, Museum of Collegium Maius of the JU

Coordination meeting

26 November 2008

9.00-10.30Third Session

Comparative Analysis of Judicial independence with a Focus on Method and Length of Judicial Appointments in National and International Courts

Chair : Dr. Anat Scolnicow,Deputy Director, Centre of Public Law, University of Cambridge ,UK

Lecture

Prof. dr hab. Marek Safjan, Former President of the Polish Constitutional Court, Warsaw University

Independence of judges and politics

Other lectures

Prof. Roberto Toniatti, Law Faculty, University of Trento

Prof. Judith Resnik, Arthur Liman Professor of LawYaleLawSchool* -written paper

Prof. dr. h.c. Walter H. Rechberger, Department of Civil Procedure Law, ViennaUniversity

10.30- 11.00 coffee break

11.00-12.30 Fourth Session

Models of Responsibility for Administration of Justice

Chair: Prof. Marcel Storme, Prof. Emeritus Ghent University, Netherlands

Lectures

Prof. Neil H. Andrews, University of CambridgeClareCollege, UK

Prof. Hiram Chodosh, Dean S.J. College of Law, The University of Utah By Video

Prof. William J. Wagner, The Catholic University of America, Columbus School of Law Washington, D.C. US

Comments

Adv. Gian Andrea Danuser , Zurich

Adv. Daniel Jacobson, Tel Aviv

12.30- 14.00 - lunch break

14.00-15.30Fifth Session

Discipline of Judges and Standards of Judicial Conduct

Chair: H.E. Advocate Markus Buechel, Senior Lawyer, Liechtenstein

Lectures

Mr. Keith Uff, Birmingham Law School, University of Birmingham, UK

Prof. Yitzhak Hadari, Faculty of Law, TelAvivUniversity

Paul Morris York ,UK

16.00 – 19.30 - Cultural and Social Program in Krakow

19.30 – Closing Dinner

International conference in Krakow

In continuation to the series of conferences held as part of the International Project on Judicial Independence, the last one held in Jerusalem in March 2008, the Project is pleased to announce the next conference in Krakow hosted by the Jagiellonian University . The Krakow Conference will deal with the first stage of implementation of the Mt Scopus Approved International Standards of Judicial Independence, as formulated in the previous Conferences.

International Project on Judicial Independence –Background and History

In discussions between colleagues from the University of Cambridge and the Hebrew University of Jerusalem it was decided to launch an International project on Judicial Independence. The project received the support of the Harry and Michael Sacher Institute for Comparative Law and the special research reinforcement program of the Sacher Institute funded by the Jeremy and John Sacher Charitable Trust, the Audrey Sacher Charitable Trust. It was also supported by the Daniel Jacobson Foundation and the Phillip P. Mizock and Estelle Mizock Chair

The International Project on Judicial Independence organised the First Jerusalem Conference in June 2007 focussing on Judicial Independence in International Law. This conference was co chaired by Professor Shimon Shetreet of the Hebrew University and Prof. James Crawford of the University of Cambridge.

The International Project on Judicial Independence conducted a special conference in November 30th-December 2nd in the Zurich Area in Vadouz .The special conference was hosted by a local organising committee chaired by HE Advocate Markus Buechel .Co Chairs of the Conference were: Professor Shimon Shetreet, Director, Sacher Institute of Comparative Law , and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem, and Professor Christopher F Forsyth, Co Chair of the Conference Director Centre of Public Law, Faculty of Law, University of Cambridge .Professor Marcel Storme , Emeritus Professor , Ghent University, Past President of the World Association of Procedural Law, was the Leader of the Discussions .The task of the special conference was to approve a draft of the revised standards of judicial independence . This draft was developed by the conference in discussions led by Professor Storme based on a draft prepared by Prof. Shetreet for the deliberation of the group of the experts which took part in the conference.

The third Conference of the International Project on Judicial Independence was held again in Jerusalem .This International Conference was devoted to the discussion of Judicial Independence and the Constitutional Position of the Judiciary. It was held on March 18-20, 2008. In this Conference the participants reviewed and approved the revised International Standards proposal that was prepared by the special conference in The Zurich area, in Vadouz. Co Chair of the Conference were Professor Shimon Shetreet, .Director, Sacher Institute of Comparative Law, and Greenblatt Professor of Public and International Law, Hebrew University of Jerusalem, and Professor Christopher F Forsyth, Co Chair of the Conference Director Centre of Public Law, Faculty of Law

University of Cambridge

Co-Chairs of the Krakow Conference are Professor Fryderyk Zoll, Jagiellonian University, and Professor Shimon Shetreet, Director of Sacher Institute for Comparative Law at the Hebrew University of Jerusalem.

Officers of the International project on judicial independence

I General Coordinator, International Project on Judicial Independence

Professor Shimon Shetreet, Director, Sacher Institute of Comparative Law , and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem,

II Co Chairs of the international conference on Judicial Independence in International Law Jerusalem 25-26 June 2007

Professor Shimon Shetreet , Director, Sacher Institute of Comparative Law , and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem,

Professor James R. Crawford , Faculty of Law, University of Cambridge

III Officers of The international conference on Judicial Independence for the Drafting of the International Standards of Judicial Independence Zurich Area Conference 30 November -1st of December 2007

Professor Shimon Shetreet,Co Chair of the Conference .Director, Sacher Institute of Comparative Law, and Greenblatt Professor of Public and International Law, Hebrew University of Jerusalem,

Professor Christopher F Forsyth, Co Chair of the Conference Director Centre of Public Law, Faculty of Law, University of Cambridge

Professor Marcel Storme, Emeritus Professor,Ghent University, Past President of the World Association of Procedural Law, Leader of the Discussions

HE Markus Buechel, Chair of the Local Organizing Committee

IV Co Chairs of the international conference on Judicial Independence and the Constitutional Position of the Judiciary Jerusalem 18-20 2008

Professor Shimon Shetreet,Co Chair of the Conference .Director, Sacher Institute of Comparative Law , and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem,

Professor Christopher F Forsyth, Co Chair of the Conference Director Centre of Public Law, Faculty of Law

University of Cambridge

V. Co Chairs of the international conference on the Standards of Judicial Independence, Krakow November 2008

Professor Shimon Shetreet,Co Chair of the Conference .Director, Sacher Institute of Comparative Law, and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem,

Prof. Dr. Fryderyk Zoll, Faculty of Law ,Jagelonian University ,Krakow

VI. Co Chairs of the international conference on the Challenges of the Standards of Judicial Independence, St Gallen , Switzerland August 2009

Professor Shimon Shetreet,Co Chair of the Conference .Director, Sacher Institute of Comparative Law, and Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem,

Professor BernhardEhrenzeller, Co Chair of the Conference ,Universität St.Gallen,

Professor Daniel Thurer, Co Chair of the Conference, Universität Zürich

Contact details

Chairs of the Conference:

Professor Shimon Shetreet

General Coordinator, International Project on Judicial Independence

Co Chair the International Conference on Judicial Independence, Krakow 2008

Director, the Harry and Michael Sacher Institute for Comparative Law

Faculty of Law, Hebrew University of Jerusalem

Greenblatt Professor of International and Public Law
and Director Sacher Institute
Faculty of Law
Hebrew University of Jerusalem
Mt Scopus, Jerusalem 91905

Office:972-(0)2 5882534, 972-2 5882535
Fax:972-(0)2 5864503
Cell:972-(0)544 777185
E-Mail:

Professor Fryderyk Zoll

Co-Chair International Conference on Judicial Independence, Krakow 2008

Faculty of Law, Jagiellonian University, Krakow, Poland

Office 48.12.4220908

Cell 48.601408061

Dr Marlena Pecyna , Chair ,Local Organizing Committee

Office 48.12.4220908

Cell 0048607100649

Conference administration

Ms. Juliana Kobierzyńska

e-mail:

Office 48.12.4220908

Ms. Paulina Marcickiewicz

e-mail:

Ms. Jenia Melkhior

Phone: +97250-3229988

Email:

Ms. Revital Bahat

Phone: 9722-5882535

Email:

Participants in the conference

  1. Professor Neil H. Andrews, Cambridge Clare College, UK
  2. H.E. Advocate Markus Buechel, Senior Lawyer, Liechtenstein
  3. Professor Federico Carpi, President of International Association of Procedural Law
  4. Professor Hiram Chodosh, Dean S.J. College of Law, The University of Utah (by Video )
  5. Professor Dr. hab. Krystyna Chojnicka, Dean of the Law Faculty JU
  6. Dr. hab. Zbigniew Cwiakalski, Minister of Justice
  7. Adv. Gian Andrea Danuser, Zurich
  8. Professor Chandra R De Silva, Dean, College of Arts and Letters at Old Dominion University
  9. Professor Yoav Dotan, Dean Faculty of law Hebrew University of Jerusalem
  10. Professor Jonathan Entin, Professor of Law and Associate Dean for Academic Affairs, Case Western Reserve University School of Law, , U.S.
  11. Professor Peter Gilles, Institut fur Rechtsvergleichung Johann Wolfgang Goethe Universitat
  12. Prof. Yitzhak Hadari, Faculty of Law, Tel Aviv University
  13. Adv. Daniel Jacobson, Tel Aviv
  14. Dr. Michael Karayanni, Director Michael and Harry Sacher Institute of Comparative Law and Legislative Research , Hebrew University
  15. Prof Wayne McCormack, The S. J. Quinney College of Law, University of Utah
  16. Professor Dr. hab. Karol Musiol, Rector of the JU
  17. Dr. Marlena Pecyna, Center for the Study of Foreign Law at the JU
  18. Prof. Dr. h.c. Walter H. Rechberger*, Department of Civil Procedure Law, Vienna University, Austria
  19. Professor Judith Resnik*, Arthur Liman Professor of Law Yale Law School
  20. Prof. Dr. hab. Marek Safjan *, the former President of the Polish Constitutional Court
  21. Dr. Anat Scolnicow, .Deputy Director, Centre of Public Law ,University of Cambridge ,UK
  22. Professor Shimon Shetreet, Greenblatt Professor of Public and International Law , Hebrew University of Jerusalem
  23. Professor Marcel Storme, Professor Emeritus Ghent University, Past President of International Association of Procedural Law
  24. Professor Roberto Toniatti, Law Faculty, University of Trento, Italy
  25. Professor Mark Tushnet, William Nelson Cromwell Professor of Law at Harvard Law School
  26. Mr. Keith Uff, Birmingham Law School, University of Birmingham, UK
  27. Mr KK Venugopal, Senior Advocate, Supreme Court of India*
  28. Professor William J. Wagner, The Catholic University of America, Columbus School of Law Washington, D.C. US *
  29. Professor Dr. hab. Andrzej Zoll, Chair of the Criminal Law of the JU
  30. Professor Dr. hab. Fryderyk Zoll, of the JU, Center for the Study of Foreign Law at the JU