Lay Judge’s Authorisation for Acquaintance with Classified Informationand the Right to a Lawful Lay Judge

Abstract

This paper addresses the identification of the legal basis of authorisation for acquaitance with classified information to lay judges. It highlights inconsistencies in the practices of first-instance criminal courts. The paper argues that lay judges are authorized to access classified information without security clearance, solely upon providing a confidentiality declaration and receiving appropriate instruction. Requiring security clearance as a condition for such access raises tensions with the right to a lawful judge and interferes with judicial independence and impartiality, particularly in cases where lay judges adjudicate matters involving the interests of intelligence service that participate in the clearance process itself. Nevertheless, the paper points out insufficient guarantees regarding the institutional impartiality and independence of lay judges, emphasizing that this issue poses significant problems in terms of their access to classified information.