CASE LAW OF THE EUROPEAN COURT REGARDING COMPLIANCE WITH THE PRINCIPLE OF IMPARTIALITY IN JUDICIAL PROCEEDINGS

The article is devoted to the essence of the principle of impartiality of a judge in court proceedings as a separate element of the right to a fair trial, defined by a number of national and international law provisions. It is substantiated that in the context of the significant impact of the European Court of Human Rights on the implementation of judicial proceedings in Ukraine, consideration of certain areas of its practice is particularly relevant not only for its understanding but also for effective application in a court. The study focuses on the subjective and objective factors of a judge's impartiality, their relationship and interaction. It was revealed that the subjective component of the judge's impartiality is the lack of internal convictions and views of the judge, indicating his interest in the outcome of the case. The objective component has an external character and is manifested in the presence of external factors that can influence the judge when considering the case. The most significant objective factors are: the judge's relationship or other close relationship with the participants in the trial, the judge's participation in the same trial in a different capacity, the possibility of pressure on the judge by other judges, especially the court administration, and by other authorities; officials on whom a judge's career or even his or her tenure may depend. This approach to the objective impartiality of a judge allows us to speak of its close connection with independence, which is much broader in content, but its essence is precisely the ability of a judge to freely and objectively make a decision on the case. A comparative analysis of the principle of impartiality of judges in the judicial process, which is applied in the practice of the ECHR and national courts, revealed certain differences. Thus, the position of the ECHR is that even in the slightest doubt about the bias of a judge that may arise by the part of the process, the burden of proving its absence lies on the judge by providing sufficient objective data. In national judicial practice often the approach is applied when a judge may not grant a request for recusal if he considers it unfounded, so the participant must prove the validity of his doubts about the judge's impartiality by himself.

FUNGSI PENGAWASAN OMBUDSMAN TERHADAP PELAKSANAAN TATA KELOLA ADMINISTRASI DI PENGADILAN NEGERI MAMUJU

Tujuan penelitian ini adalah untuk mengetahui efektifitas fungsi pengawasan ombudsman terhadap pelaksanaan tata kelola administrasi di Pengadilan Negeri Mamuju serta untuk mengetahui apa saja kendala yang menjadi kendala dalam menjalankan fungsi pengawasan Ombudsman terhadap tata kelola administrasi di Pengadilan Negeri Mamuju, Penelitian ini dilakukan di Ombudsman Republik Indonesia Perwakilan Sulawesi Barat dan di Pengadilan Negeri Mamuju. Metode penelitian yang digunakan adalah penelitian kualitatif yaitu penelitian yang bertujuan menjelaskan fenomena dengan melalui pengumpulan data dengan pendekatan yuridis normatif dan yuridis empiris. Maksudnya pendekatan yang dilakukan untuk menganalisa tentang fungsi pengawasan Ombudsman terhadap pelaksanaan tata kelola administrasi Pengadilan Negeri Mamuju. Hasil penelitian ini menunjukkan bahwa fungsi Pencegahan dan Pemeriksaan Laporan Oleh Ombudsman terhadap pelaksaaan Tata Kelola Administrasi Pengadilan Negeri mamuju kurang efektif, sedangkan penerimaan dan verifikasi laporan cukup efektif namun secara umum Ombudsman Perwakilan Sulawesi Barat cukup efektif namun dalam pelaksanaannya terdapat beberapa kendala yaitu kendala mengenai Regulasi, Sumber Daya Manusia, Anggaran dan factor Sosialisasai terhadap Masyarakat. The purpose of this study is to determine the effectiveness of the ombudsman oversight function on the implementation of administrative governance in the Mamuju District Court and to find out the problems that become obstacles in carrying out the Ombudsman's supervision function of administrative governance in the Mamuju District Court. This research was conducted at the Ombudsman Republic of Indonesia Representative in West Sulawesi and in the Mamuju District Court. The research method used is qualitative research, which is research that aims to explain the phenomenon by collecting data through normative and juridical approaches. That is the approach taken to analyze the Ombudsman's oversight function of the administration of the Mamuju District Court administration. The results of this study indicate that the function of the Prevention and Examination of Reports by the Ombudsman on the implementation of the District Court Administration is less effective, while receiving and verifying reports are quite effective but in general the West Sulawesi Representative Ombudsman is quite effective although in its implementation there are several obstacles namely the constraints regarding Regulation, Human Resources, Budget and Socialization factors towards the Community.

Organizing Court Administration in order to fulfil access to justice under the Covid-19 State of crisis

The Covid-19 pandemic in different countries, particularly in terms of performing their duties and functions, has both direct and indirect implications on the judiciary. This paper calls for a contrast between the implementation of law emergencies in the United States and the judiciary's reflection in Indonesia. The study uses the comparative approach in constitutional law to provide advice, which needs to be avoided in the Indonesian constitutional law by researching legal material and procedures in other countries' constitutional law. This article concludes that the Law of Judicial Power and the Law of Procedure in Indonesia require strict legal material on how procedural law does not give delegates too much technical, regulatory authority to each court during the time of crisis and has the potential to create unequal policies in the future to deal with judicial emergencies so that regulation is necessary.

Comparative Judicial Emergency Administration during Pandemic Covid-19

The Decree of a state of emergency affects not only the executive and legislative branches but also the judiciary. The Covid-19 Pandemic in various countries has both direct and indirect effects on the judiciary, especially in the performance of its duties and functions. This article is to found out the answer of two research question first, how court administration in the United States and Indonesia responds to the Covid-19 pandemic emergency and second, how is its reflection in on optimizing access to justice for court administration even under in the state of emergencies to the pandemic Covid -19. This study uses the comparative method by a study on legal material and practice of judicial emergency in other countries to take the best material and approach to provides advice that needs to be avoided in Indonesian Judiciary. This article has a novelty that legal material in the Judiciary act and procedural law books so limiting delegation to set supplementary regulations for each court and creating potential uniformity for emergency policy in the judiciary.

The Kingdom of Akkad

This chapter discusses the foundations and inner structure of the kingdom of Akkad. Based mainly on royal inscriptions and archival records, it argues that this state constitutes a decisive phase in Mesopotamian history and discusses a series of political, ideological, socioeconomic, and administrative transformations that it brought about: the implementation of the concept of the territorial state, borne by an autocratic and conquering kingship with absolute claim to power; an administrative centralization directed toward the capital; the introduction of Akkadian as an official language of administration; and the spread of private landownership, concentrated in the hands of the king and administered through large agricultural estates established throughout the state through purchase and confiscation. These transformations were implemented by means of the standing army, whose upkeep was supported by the agricultural land in the hands of the king. Allocations of royally owned land to other parties established a far-flung network of patronage, which included not only members of the royal family, court, administration, and army but also members of the local elites, thus strengthening the king’s power base. The chapter also discusses how the transformations brought about by the kingdom of Akkad were ambiguously reflected in later tradition, which also made this state a model to be emulated by later rulers.

COVID-19 and the Courts. The case of the CJEU

The article describes the generally positive experience of Court of Justice of the European Union in managing the Covid-19 crisis. Before the outbreak of the Covid-19 crisis the Court had established an effective structure to cope with risks and issues related to pandemics. It benefited from an extensive migration to a modern computer operating system and the replacement of traditional desktop computers by portable devices capable of remotely connecting to the Court’s network. Appropriate teleworking and extensive dematerialisation and simplification of standard administrative procedures took place and proved their effectiveness. The disruptive dimensions of COVID-19 pandemic forced the CJEU to accelerate transformations – not only digital but managerial and judicial processes The author analyses several phases of organising the functioning of the Court during the pandemic and comes to the conclusion that that the Court proved to be well prepared to tackle the issues raised by the COVID-19 pandemic. However, the quest of the future organisation will also have to do more with smart management and the new modes of working. Keywords: Justice, Court Administration, COVID-19, CJEU.

Rady Sądownictwa w Danii

COUNCILS FOR THE JUDICIARY IN DENMARKThe purpose of this study is to discuss the political position, composition and competences of two independent judicial institutions operating in Denmark, namely the Danish Court Administration and Council for Judicial Appointments. Their establishment in 1998 they began operating on 1 July 1999 was undoubtedly the implementation of the constitutional guarantees of independence of judges, and in practice it also became an important factor in the very high level of confi dence of Danish society in the justice system. Both Danish judicial councils are statutory bodies because the 1953 constitution does not require the establishment of such institutions.