Vol. 14 No.2:Institutional Independence of Federal Courts in Ethiopia: Observations

Abstract

As one of the three organs of government, the structure and powers of the judiciary are enshrined in the 1995 FDRE Constitution. Articles 78 to 81 of the FDRE Constitution and other laws deal with the independence of the judiciary, judicial powers, jurisdiction of courts and appointment of judges. The principles enshrined in these laws include the independence of the judiciary which has two dimensions, i.e., individual/professional independence of judges and institutional independence of courts from other organs of the government. This article focuses on the legal regime and the practices with regard to the institutional independence of federal courts in Ethiopia that are inconsistent with the constitutional guarantee of judicial independence which includes empowerment in the preparation of budget, the process of budget approval, level of autonomy in using revenue generated through court fees, independent administration of support staff at courts, procurement processes and property administration. The article analyzes the relevant laws and discusses comparative experience on these avenues of concern and calls for due attention to the gaps that should be addressed.