Abstract
Is a code of conduct for the judiciary necessary for safeguarding the reliability of courts? In the civil law tradition codes of conduct are not widespread. Some international initiatives follow the example of countries like the United States and Canada in drafting codes of conduct. Can a code make a contribution to the professionalism of courts? Is it necessary to translate legal safeguards for fair trial into a code? On basis of the Dutch experience and the case law of the Court on Human Rights in Strasburg this article analyses the relation between legal fundaments of fair trial, such as independence and impartiality and the envisaged content of a code of conduct. For various reasons a code of conduct is useful. In a more individualistic society in which shared norms and values are less obvious, a code of conduct can provide such shared values for judges. Such a code can provide more transparency and can support discussions about the does and don'ts of judges.
