UNDERSTANDING AND COMBATING JUDICIAL CORRUPTION

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Published: Aug 2, 2020
Keywords:
judicial corruption, GRECO, ECHR, Council of Europe

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Aneta Arnaudovska
The Academy for Judges and Public Prosecutors of the Republic of Macedonia

Abstract

The research item of the paper is the term "judicial corruption". This particular term was ignored in the majority of countries of the Council of Europe. Judicial corruption as a term was first mentioned in the PACE documents- Resolution 1703 (2010) on judicial corruption. The author is trying to give an answer to the question- Could there be a balance between establishing the responsibility of the judge and the independence guarantees? The term judicial corruption should not be manipulated with, i.e. the criminal cases of corruption where the judges and prosecutors are involved should be proved and led in line with all ECHR Article 6 fair trial requirements, and in compliance with the principle for the presumption of innocence.

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How to Cite
Arnaudovska, Aneta. 2020. “UNDERSTANDING AND COMBATING JUDICIAL CORRUPTION”. Journal of Liberty and International Affairs 4 (1):115-24. https://www.e-jlia.com/index.php/jlia/article/view/117.
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Vol. 4 No. 1 (2018): Journal of Liberty and International Affairs
Section
Articles
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This work is licensed under a Creative Commons Attribution 3.0 Unported License.

Author Biography

Aneta Arnaudovska, The Academy for Judges and Public Prosecutors of the Republic of Macedonia

Aneta Arnaudovska is born in Skopje, Republic of Macedonia. She graduated at the Iustinianus Primus Faculty of Law, Skopje, at the University of St. Cyril and Methodius in Skopje where she became master of criminal law science in 2015.  Since 2015, she is adoctor student on the same Faculty on Department on Legal argumentation and rhetoric working on the thesis The influence of the legal argumentation on improving the quality of criminal judicial decisions in Republic of Macedonia. In the period of 1996 -2006 she worked as a Judge at the Criminal Division at the Court of First Instance Skopje 1 in Skopje. Since 2006 she is the first  Director of the new established institution, the Academy for Judges and Public Prosecutors of Republic of Macedonia. Mrs. Arnaudovska has a long standing international career participating in the various working groups in the Council of Europe committees (CCJE- Consultative Council of European judges- 2004-; in the GRECO (Group of states against corruption) 2012-2017, and in 2016 she was appointed for Gender Equality Rapporteur at CCJE. She is a Council of Europe expert and has been engaged in many projects related to the judiciary. Her field of expertize and professional interest are analysis of the international mechanisms and guarantees, comparative analysis in the Council of Europe member states, their implementation towards improving the independence, impartiality and efficiency of the judges and prosecutors in Republic of Macedonia and enhancing their professional and ethical capacities. Her narrower field of scientific interest is how to improve the legal argumentation and reasoning in the criminal judgments in the context of the new adversarial concept of criminal procedure and changing the attitudes of judges coming from a continental law system to case-based legal reasoning.