Outcome

A well-functioning and independent judiciary ensured

Strategy

1. Promote a credible and independent Judiciary, which has well-defined functions and duties in accordance with its Constitutional mandate and is protected by law from interference (organizational, functional, personal) from other branches, including ensuring well-defined roles between the individual actors within the Judiciary, and which is enabled to conduct their judicial duties on a high professional level in accordance with a comprehensive set of laws.

2. Establish accountability by ensuring access to reasoned judgments with reference to relevant laws that can be appealed and ensuring a transparent system on appointment, promotion, remuneration of judges, prosecutors and other court staff and disciplinary action against prosecutors and judges and other court staff based on rules and criteria stipulated by law and carried out through an independent body with adequate resources, including establish codes of ethics and rules on conflicts of interests for all judges, prosecutors and other court staff coupled with related disciplinary actions.

3. Introduce uniform case management and court management techniques to ensure timely and transparent processing, including streamlined appeal mechanisms.

4. Provide sufficient means to make the judicial system accessible to the people of Cambodia, including ensuring an adequate remuneration of all court staff, providing a quality education and necessary additional training, making sufficient courthouses with basic facilities and adequately manning throughout the country available, and establishing of special courts with the necessary specialist knowledge.

5. Ensure enforcement of court decisions and of the independence of the judiciary by providing the legal and institutional framework supplemented by necessary resources and training to enforce judgments, and strengthen enforcement mechanisms to sanction lack of enforcement as well as sanction interference with the duties of individual actors in the Legal and Judicial system.

Priority

5.2.2 A statute of Magistrates and a fully-functioning SCM ensuring transparency in appointment, promotion, remuneration and disciplining of judges and prosecutors (phase 1).

5.2.4 Code of Ethics/ conduct for judges, prosecutors and other judicial staff.

5.2.6 Anti - corruption measures, including anti-corruption law.

5.3.2 Introduction of a Model Court Approach (cluster with 5.3.3 and 5.4.3)

5.4.2 School of Magistrates and a school for judicial staff, including on-going training programs for all role players (basic, specialised and issue-training) in accordance with identified needs

5.4.4 Measures to establish a Commercial Court/ Chamber and other specialised courts/chambers, including commercial court proceedings and specialist training in commercial law (phase 1).

5.4.5 Measures to establish the Administrative Tribunal (phase 1)

5.5.1 Survey of the current enforcement mechanisms in order to identify improvements

Details Information [PDF - 114KB]

Priority

5.2.2 A statute of Magistrates and a fully functioning SCM ensuring transparency in appointment, promotion, remuneration and disciplining of judges and prosecutors (phase 2).

5.2.4 Codes of Ethics/ conduct for judges, prosecutors and other judicial staff (cluster with 5.5.5).

5.3.3 Case and court management guidelines established in accordance with the legal provisions in the procedural codes and the organic law on the organization of the courts and the law on the administration of the courts. (cluster with 5.3.2 and 5.4.3)

5.4.1 State policies on budgetary allocations to the judiciary - fixed percentage of the annual budget.

5.4.3 Sufficient, modern court facilities, including relevant IT equipment. (cluster with 5.3.2 and 5.3.3).

5.4.4 Measures to establish a Commercial Court/ Chamber and other specialised courts/chambers, including commercial court proceedings and specialist training in commercial law (phase 2).

5.4.5 Measures to establish the Administrative Tribunal (phase 2)

5.5.2 The establishment of an institution for execution of judgments (bailiff/sheriff's court - bankruptcy court)

5.5.5 Emphasis on ethical standards in the curricula for education of judicial personnel, police, prison officers and other civil servants (cluster with 5.2.4).

Details Information [PDF - 110KB]

Priority

5.1.1 Passing of laws pertaining to the judiciary and the mandate and the duties of its role players (Organic law on the organisation of courts, law to ensure independence of the prosecutorial services, law on judges and on prosecutors, civil and criminal codes and Civil and Criminal Procedural Code, Statute for Court officers, law on notaires)

5.1.2 Code of ethics for civil servants and the strengthening of a council for discipline of civil servants

5.2.1 Establishment of legal provisions within the procedural codes ensuring access to all court decisions and appeal hereof

5.2.3 Establishment of a Council for judicial services

5.2.5 Legal provisions and guidelines on conflicts of interests

5.3.1 Law on administration of courts

5.5.3 Codes of ethics/conduct for all law enforcement officers, including police, prison officers, civil servants and relevant judicial personnel

5.5.4 Councils of discipline for all law enforcement officers

Details Information [PDF - 82KB]