Managing the Judges’ Conflicts of Interests : a Question of Statute or Virtue?

The conflicts of interests of judges are at the core of the requirements of a high quality justice system which operates serenely, immune to suspicion of dependency on any kind of power institution and to personal bias. The relationships that could oppose or link a judge to one of the parties should be addressed preventively and, if necessary, a posteriori through the annulment of the decision delivered in such conditions. But the answer of positive law differs according to whether the judges are professional magistrates or lay judges. In the first case, the statute that protects their independence is the best guarantee to avoid conflicts of interests. In the second case, the lack of statute (referee) or a less protective statute (for instance judges of commercial courts) leaves the management of conflicts to the impartiality of the judges and their virtue based on personal ethics.