Quality of Justice and Lay Participation in the Light of Scientific Studies

European Charter of Lay Judges, Brussels, 11 May 2012.

See, for example Igazságügyi Minisztérium (2015) ME/163/2015. Előterjesztés a Kormány részére az új büntetőeljárási törvény szabályozási elveiről.

Ehrenamtliche Richter.

See, for example, Walker (1980).

For a detailed analysis of the issue, see Iontcheva (2003).

In France juges de proximité, in England, Wales and Northern Ireland magistrates, in Italy Giudici di Pace, in Scotland Justices of the Peace.

R v Birmingham Magistrates ex parte Ahmed, 1995, R v Eccles Justices, ex parte Farrelly, 1992.

Regarding lay participation, the idea of representation is shown in the light of geographical representation, since particular significance was attached to the enforcement of local community aspects in decisions in the case of initial judicial forms. Although the latter aspect derogates legal certainty and in some situations leads to conflict of interest problems, in reality, only minor importance may be given to it in practice.

Providing ratio-proportionate representation of certain social groups in the judiciary has been given particular attention during the selection of magistrates since this campaign. Although everyone is aware that attaining full compliance is not possible, approaching this objective is regarded as the guarantee of impartiality in justice. Statistically, this endeavor seems to have accomplished its objective. If 2012 data on professional judges are compared to those of magistrates, the discrepancy becomes visible. If, for example, the gender rate is compared, a glaring discrepancy is perceived. Only 807 women are found among some 3,500 professional judges while, as for magistrates, the proportion of women exceeds that of men by some percent.

For example, among magistrates seeing service in the London area, the minority rate lags far behind the rate of minorities residing there.

It is worth citing what is written regarding the application process for magistrates. The Judicial Office officially declares that magistrates are exclusively selected on merit. In the following sentence, however, there is an indication that applicants from an under-represented social group are encouraged: Applications are welcome from any person who meets the eligibility criteria for appointment and who believes they have the necessary qualities. Applications are particularly welcome from members of groups currently under-represented amongst the magistracy. That includes members of Black and Minority Ethnic communities, people under the age of 50, people from non-managerial or professional occupations, and people with a disability who are able, either unassisted or with the benefit of reasonable adjustments, to carry out the full range of a magistrate’s duties. (Becoming Magistrate in England and Wales. Guidance for Prospective Applicants. May 2015, Magistrates HR, Judicial Office.)

There is an evident reference to the legitimacy function of the institution, for example, in the definition of the German assessor role which is laid down by the Act on the Status of Judges (DRiG): “[…] ein Symbol darstellten, das verdeutlicht, dass das Recht im Namen des Volkes, durch seine Legitimation getragen, gesprochen wird.”

Special jury, honorary judges.