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Integrity, Independence and Accountability of the Judiciary – Centre of Expertise Programme

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The specific scope of work of the Programme has been informed by the model developed by TI as

part of the Advocacy Toolkit that accompanied the Global Corruption Report 2007.

1

This model

identifies three interconnected spaces – the judiciary, the wider justice system and the societal

context in which they operate.

The Programme will focus its engagement on the

“judiciary”

2

as the branch of the state tasked with

ensuring equal justice through

interpreting and applying the law

in the name of the state, and

through effective dispute resolution. It includes both the judicial branch responsible for administering

justice through a system of courts of law and the people who operate within it and who have an active

role in the management of corruption cases, namely judges, court officials as well as, in some

jurisdictions, prosecutors, judicial police, judicial experts, etc.

Mobilising people to demand change by actively calling for an empowered yet accountable judiciary,

the Programme’s focus will be on strengthening the

integrity,

independence and accountability of

the judiciary as a key prerequisite for reducing impunity for corruption.

Consultation of the TI Movement

TI Romania – with the support of the Network Services Unit at the TI Secretariat –

has consulted

extensively with Chapters across the TI Movement

on the focus and value-added of the proposed

Programme.

In April 2013, TI Romania hosted a first

‘design’ workshop

– with the participation of José Ugaz

(Peru, TI International Board Member) and Inese Voika (TI Latvia) as representatives of the TI

Movement, as well as select TI Secretariat staff – to explore how TI could approach its work on the

judiciary within the framework of the TI ‘No Impunity’ initiative.

In June 2013, the workshop outcomes were shared and discussed with the TI Movement at

regional

meetings

.

In October 2013, representatives from TI Chapters from Chile, France, Guatemala, Indonesia, Latvia,

Lebanon, Lithuania, Philippines, Senegal and Zimbabwe expressed interest to participate in a

programme planning workshop

and travelled to Bucharest to work with TI Romania for two days.

The same TI Chapters have since then been consulted on related work developed by TI Romania and

were given the opportunity to provide

input into the draft Centre of Expertise Programme

document

prior to its submission to the Board Governance Committee.

These consultations informed and validated the proposed approach to transforming TI’s work on the

judiciary through a greater focus on people and multi-stakeholder engagement, informed by an

analysis of ‘core vulnerabilities’ affecting judicial systems in any given country as well as of critical

gaps and loopholes in the case management process that allow the corrupt to go unpunished.

In November 2013, other TI Chapters participating in a related workshop at the

Annual Membership

Meeting

provided additional ideas on how to ensure effective advocacy on the issue.

In June 2014, the Governance Committee of the International Board provided valuable feedback to TI

Romania on the first draft of the Programme Document, which has since then been incorporated in

this version.

In October 2014, TI Romania intends to present to the TI Movement the

draft version of a Practical

Guide to the Judicial Independence, Integrity and Accountability.

The development process of the Programme identified a few essential assumptions as critical to a

successful implementation. To the extent possible, these assumptions have been verified during the

consultation and will continue to be tested as the preparation for the Programme continues. The

assumptions are:

1

Combating Corruption in Judicial Systems Advocacy Toolkit, p. 59

http://www.u4.no/recommended-reading/transparency- international-advocacy-toolkit-combating-corruption-in-judicial-systems/ 2 http://en.wikipedia.org/wiki/Judicial_system