The Democratic Party presented this Friday a proposition for the
compromise formula for the justice reform, which, they think, will
finally resolve the issue for appointing the 12 members of the vetting
commissioners.
“We have agreed for this formula and it can be applied for other institutions. It guarantees a successful conclusion of the process for appointing the commissioners, by also respecting paragraph 88 of the Venice Commission”, declared the Democratic Party MP, who published the steps of this formula.
Step 1 – The vacancies are announced by the President or by the Ombudsman. The admission criteria are foreseen bythe Constitution. The President sends the application files at the Constitutional Court. For him, the Constitutional Court has the capacity to be part of this process.
Step 2 – The President of the Constitutional Court will cast lots for a panel made by three judges who will evaluate if the candidates fulfill the criteria, based on evidence and facts. This panel will also have the international observers, as foreseen by the Venice Commission.
Step 3 – If not all parties agree with the three judges who have been chosen by lots, they can file a complaint at the Constitutional Court. A panel of nine judges will decide to either accept this request or not.
Step 4 – Candidates will be chosen by the Parliament, an ad-hoc commission with 12 members, six from the majority and six from the opposition. The Commission choses the 12 candidacies that will be presented in Parliament. The voting will be hidden, and electronic.
Step 5 – The list is made official and ready to be sent to Parliament. The list is either approved with all its members, or it will be rejected entirely even for one member. Every MP has a vote, and the voting will be done with qualified majority to legitimate the list.
Step 6 – If the list is rejected, the commission starts Step 4 with the same list of candidates, based on step 3. The second and third voting will be done with a lower majority, to guarantee that the process will not be blocked.
“This is a formula that would guarantee compromise and it also is quick and simple to be used. No argument has opposed this formula in the past two weeks. The majority opposes it without arguments, lacking of the will to find compromise. But we need to complete the process, or the reform will not be done”, Bylykbashi said.
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