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2009 Assessment

Lebanon: Integrity Indicators Scorecard

Lebanon: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
36	Are judges appointed fairly?	83
37	Can members of the judiciary be held accountable for their actions?	83
38	Are there regulations governing conflicts of interest for the national-level judiciary?	29
39	Can citizens access the asset disclosure records of members of the national-level judiciary?	50

Indicator and sub-Indicator Details

Are judges appointed fairly?

36a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: Lebanese Constitution, Art. 80 State Council's Organization Act

36b: In practice, professional criteria are followed in selecting national-level judges.

Score:

100

Comments: The selection of judges is independent in general, but we have some regulations and laws that minimize this -- especially when only the government make the selection of the judges

References: [ LINK ] [ LINK ]

Peer Review Comments: There is heavy political interference in selecting judges by government ministers and other senior officials. Generally, appointments reflect practices of allotment (muhasassa) for public sector employment among the country's key politicians.

36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: Lebanese Constitution, Art. 80

Can members of the judiciary be held accountable for their actions?

37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: Chalhoub, Elia The Lebanese Judiciary Arab Rule of Law: Beirut, 2007

[ LINK ]

37b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments: All decisions are published and need to be posted on the bulletin boards of the courts.

References: Beirut Bar Association [ LINK ]

37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments: The agency responsible for such functions is the Judicial Inspection Authority, but since 2007 it is dysfunctional since its president has not been replaced.

References: Legal Decree No. 389, December 2001

37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: Legal Decree No. 389, December 2001

37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. 50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. 0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments: The Judicial Inspection Authority is currently dysfunctional given the fact that key appointments were not made. The agency has not been active since 2007.

References: Lebanese Center for Policy Studies Proceedings of the "Conference on the Prospects of the Judicial System in Lebanon" September 1998

37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments: Since 2007 the agency has been dysfunctional. Recent cases are difficult to track.

References: Lebanese Center for Policy Studies Proceedings of the "Conference on the Prospects of the Judicial System in Lebanon" September 1998

Lack of recent sources

Are there regulations governing conflicts of interest for the national-level judiciary?

38a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: Illicit Wealth Law, Article 4

38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: Penal Code (352)

38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: There are no such regulations.

38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national-level judges\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

Comments:

References: There are no such legal documents.

38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: There are no such legal documents.

38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Lack of resources

38g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: Illicit Wealth law

Can citizens access the asset disclosure records of members of the national-level judiciary?

39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments: Citizens must pay a deposit of approximately 16,000 USD to request to access disclosure of assets from the General Prosecutor or the first level investigative judge based in Beirut. Therefore, citizens are not encouraged to do so.

References: Illicit Wealth Law

39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Illicit Wealth Law

39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Illicit Wealth Law

39d: In practice, the asset disclosure records of the national-level judiciary are of high quality.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The asset disclosure records of the national-level judiciary are complete and detailed, providing the public with an accurate and updated accounting of the individuals\' sources of income, investments, and other financial interests. 50 Score Criteria: The asset disclosure records of the national-level judiciary contain some useful information but may be lacking important details, including politically sensitive investment or other financial arrangements in which the individual has an interest. 0 Score Criteria: The asset disclosure records of the national-level judiciary are overly general, lack any meaningful detail, and do not provide a clear accounting of the individuals\' sources of income, investments, and other financial assets.$

Comments:

References: Illicit Wealth Law

Peer Review Comments: Since no instances exist of the Illicit Wealth Law being enforced for asset disclosure records, there is no reason to believe that asset disclosures are of high or even moderate quality.