National Chamber of
Specific Characteristics of their Position
- Judicial officers are official sources of information and guarantee that the rights and interests of the parties involved are protected
- Enforcers of Court Rulings
- Reconciliatory Role
- Advisory Role
- Mediatory Role
- Practical People
- Impartial Witnesses
- Social and Economic Role
Judicial officers actively contribute towards the due process of law. They put the Court’s will into practice and assume responsibility for it being properly enforced in social reality. Their dual capacity as a public official with the status of a self-employed professional constitutes a guarantee of impartiality, effectiveness and responsibility. Their position entails the following specific characteristics:
Judicial Officers are official sources of information and guarantee that the rights and interests of the parties involved are protected
Other than under the exceptions laid down by law, judicial officers have the monopoly on the service of writs and other documents. They summons parties to appear before Court and inform the interested party about the content of a judgment or administrative documents (e.g. a ruling by the tax authorities to collect taxes). As public officials, they are obliged to inform both parties about their rights and obligations, for instance, informing a debtor that he is entitled to file an application to set a judgment aside within a specific period.
Enforcers of Court Rulings
Judicial officers are the only people who are statutorily authorised to enforce a judgment against somebody, when that party does not comply (e.g. compelling a debtor to pay his debt).
Reconciliatory Role
Judicial officers try to reconcile different points of view and conflicting interests with each other, whether those relate to a dispute between an owner and tenant, or between a creditor and debtor. They can, for instance, send letters of demand in order to avoid legal proceedings. This signifies the first step towards an amicable settlement.
Advisory Role
Because judicial officers are in contact with all the parties involved, they can assess whether or not it is worthwhile to institute proceedings and, in so doing, save the applicant unnecessary costs. After all, they possess detailed information, have access to the various data files and can ascertain a situation for themselves on the spot. In this way, they can also form a better opinion than anyone else as regards a debtor’s ability to pay his debts.
Mediatory Role
Judicial officers are probably ideal mediators in situations where a debtor is faced with an excessive debt burden. Their training, status and ethics guarantee that all creditors will be treated equally and that the rights of the burdened debtor will be protected. In addition, because of their thorough knowledge of the debtor’s ability to pay, they can assist the Court in forming an opinion about the debtor’s statements.
Practical People
When judicial officers put the Court's will into practice, they bear in mind the human aspects of the situation and search for the most appropriate solution in everybody's interest. For instance, they may recommend giving more relaxed payment terms to a debtor experiencing temporary financial difficulties.
Impartial Witnesses
Judicial officers record certain facts in writing. They make findings to avoid facts of a temporary nature being disputed at a later stage (e.g. the determination of flood damage). As far as businesses are concerned, they occupy a key position from an economic point of view. They ascertain, for instance, whether agreement and obligations are actually being observed from the time of production to sale. In this way, judicial officers contribute towards the smooth running of the economy and the market.
Social and Economic Role
Judicial officers serve the government, private individuals and enterprises. What happens in Court becomes effective in the economic and social world. In this way, judicial officers often contribute to the collection of direct and indirect taxes. Citizens often have a negative image of the collection process. However, through their conduct, judicial officers force them to have a feeling of solidarity towards it.
