Vastus pöördumisele

Mgr. Bc. Katalin Deák 28 September 2021 Supreme Court of the Czech Republic [email protected] Please find the answers to your enquiry concerning secondary activities of judges and their activities on social media. A) Secondary Activities 1) What sources of law regulate secondary activities of judges (laws, regulations, internal norms, non-binding or social norms, code of ethics)? What is the content of such norms? Secondary activities of judges are regulated in the Courts Act and Estonian Judges’ Code of Ethics (hereinafter the Code of Ethics). The Courts Act provides the legal bases for courts administration and court service, but amongst many other things it stipulates restrictions on holding office of judge. The Code of Ethics stipulates several norms for judges’ activities. There are general and special provisions, including articles about extra-judicial activities. According to article 10 of the Code of Ethics the requirements of professional ethics shall be interpreted on the basis of law, decisions of the judges’ disciplinary chamber, the established practice and among the judiciary, as well as the opinions of senior colleagues and the conscience of judges. A judge shall be guided by the said principles upon choosing his or her conduct in issues not covered by the Code of Ethics. 2) Which secondary activities are allowed (e.g. teaching, publishing, etc.)? Or, on the contrary, which types of activity are judges explicitly called to refrain from? According to § 49 subsection 1 of the Courts Act judges shall not be employed other than in the office of judge, except for teaching or research. A judge may perform also other duties set out in the Courts Act. Paragraph 48 subsection 2 stipulates that a judge shall not be: • a member of the Riigikogu (parliament) or member of a rural municipality or city council; • a member of a political party; • a founder, managing partner, member of the management board or supervisory board of a company, or director of a branch of a foreign company; • a trustee in bankruptcy, member of a bankruptcy committee or compulsory administrator of immovable; • an arbitrator chosen by the parties to a dispute. Articles 4 and 5 of the Code of Ethics add, that a judge may be engaged in law creation and 17 Lossi St, 50093 Tartu, ESTONIA. Tel +372 730 9002, fax +372 730 9003, e-mail: [email protected] www.riigikohus.ee improvement of the legal and judicial system, and in teaching and research. A judge may also be active in citizens’ associations and charitable organisations, while avoiding the conflict of interests and being taken advantage of against the interests of administration of justice. A judge may also participate in activities aimed at gaining profit, while respecting the practices of good conduct and fair business. Article 29 of the Code of Ethics specifies that a judge may belong to professional organisations both as an ordinary member and an official. 3) Are such activities limited (in terms of time and remuneration)? Do such activities require, and if so under what conditions, notification or prior authorisation? There are no limitations in terms of time and remuneration stipulated in the Courts Acts. According to § 49 subsection 1 of the Courts Act employment other than in the office of judge shall not damage the performance of official duties of a judge or the independence of a judge upon administration of justice. A judge shall notify of his or her employment other than in the office to the chairman of the court. 4) Is there a boundary between administration of judge´s own property and his/ her gainful activity? Are there any guidelines for the discernment between the two activities? There is no specific norm or regulation regarding this activity, all the abovementioned principles apply. Moreover, articles 3 and 20 of the Code of Ethics are relevant. According to article 3 a judge shall arrange his or her life and activities, including legal activities, so that the threat of a possible conflict with his or her judicial duties is minimal. 5) What is the perception on judges´ systematic gainful activity for private educational institutions? There has not been a wide discussion about that matter since it is not very common. Council of Ethics for judges (please see question no 6) has implied that when a judge is teaching, the following principles should be considered: • Paragraph 49 subsection 1 last sentence: “Employment other than in the office of judge shall not damage the performance of official duties of a judge or the independence of a judge upon administration of justice.” • Article 3 of the Code of Ethics: “A judge shall arrange his or her life and activities, including legal activities, so that the threat of a possible conflict with his or her judicial duties is minimal.” • Article 20 of the Code of Ethics: “A judge shall avoid conflicts of interests. He or she shall not allow family, social or other relations to affect his or her work as a judge.” 6) Is there any case-law in respect of secondary activities of judges? We do not have any case-law in regards of secondary activities of judges. In 2019 the Estonian Court System established a Council of Ethics for judges. A judge may refer a matter or a question to the Council for an opinion on him or her. The council may also give general recommendations on its own initiative or on a proposal from the judges. It is an advisory body and thus far 5 questions have been asked (about working as trainer in a sports club, about taking part in a movie as an actor and getting remuneration, about teaching in a school as a substitute teacher, about how to interpret article 20 of the Code of Ethics and about judge’s interaction with the media). 2(4) B) Social Media Activity 1) What sources of law regulate the behaviour of judges on social media platforms (laws, regulations, internal norms, non-legal norms, code of ethics)? What is the content of such norms? Judges’ behaviour in social media platforms is not specifically regulated in the Code of Ethics, but general and also special principles from the Code of Ethics apply. For example, article 6 of the Judge’s Code of Ethics stipulates that a judge shall avoid indecency in all his or her actions and statements. Being under public scrutiny a judge shall accept personal restrictions that may seem encumbering for an ordinary citizen. First of all, a judge shall behave in a manner compatible with the dignity of the judicial office. According to article 20 of the Code of Ethics a judge shall avoid conflicts of interests. He or she shall not allow family, social or other relations to affect his or her work as a judge. According to article 28 of the Code of Ethics a judge shall participate in social and cultural life in conformity with the traditions of good conduct and shall mind that this does not prejudice the dignity of his or her office and is not in conflict with the duties of his or her office. According to article 31 of the Code of Ethics a judge shall behave properly and with dignity and shall avoid activities that may discredit the profession and administration of justice. 2) Are there any limits concerning the activities of judges on social networks, both the expressions/ publications of private nature as well as the publications concerning the topics of general interest or political importance? Is there equally a difference between the private and public profiles bearing in mind the number of addressees/ followers? There are no specific limitations on social networks, but the abovementioned principles apply (please see question no 1). Additionally, regarding politics, article 7 of the Code of Ethics stipulates that a judge shall refrain from political activities and statements reflecting his or her political countenance. 3) Is the participation in certain “group”, “like” or “follow” on the social media capable of threatening the dignity of a judge? Probably yes, depending of course on the groups or pages that are being liked or followed. As mentioned before, according to article 31 of the Code of Ethics a judge shall behave properly and with dignity and shall avoid activities that may discredit the profession and administration of justice. Additionally, a judge shall avoid situations which could give rise to doubts of favouritism or impartiality or appear as such. 4) Is there any case-law in respect of activities of judges on social media? No, we do not have any case-law in regards of judges’ activities in social media. 5) Is there a debate throughout the (legal) community concerning the behaviour of a judge on social media? There has not been a wide debate on that matter. 3(4) Please do not hesitate to contact Mrs. Karin Leichter-Tammisto (karin.leichter- [email protected]), Legal Adviser to the Chief Justice of the Supreme Court of Estonia, should you have any further questions on this matter. 4(4)