Judges’ recommendation for judiciary reform

24/10/2015 15:55

240 judges of the Union have presented 30 recommendations for the
judiciary reform, in which they propose that the political
representatives, such as the Minister of Justice, should not be part of
the High Council of Justice. The President’s position will be honorary
and will not influence when appointing new persons.

The Union opposes the dismantling of the National Judiciary Confernece, as mentioned on the reform draft, to not interrupt the mandate of the HCJ members and not create superstructures imposed above each other, as discussed about the establishing of the Commission of Verifications.

This commission is expected to inspect everything on judges, meanwhile, there are structures that audit the assets, their ethics and professionalism. Judges think that for such a structure should be held in consideration a verdict of the Constitutional Court, which refused the Bureau of Investigation.

“We are ready to inspect every cent of the assets owned by judges. We are also determined to go against collective mud-throwing that is being done against the system. We want identification of those persons. We think it is useless to create constitutional or legal superstructures that would be superposed on the current functional institutions”, said the Head of Judges Union, Gerd Hoxha.

“This is a critical moment for the judiciary. The judiciary is being anathemized. We need justice, a reform. The reform issue is a wide discussion and it means reformation”, said Kastriot Gramshi, head of he Association of Judges.

As for the Supreme Court, which might turn in a career and law court, judges say it is not needed to make constitutional changes, since the legislation is inexistent, even article 141 of the Constitution which mentions that the Supreme Court has the function to unify a trial practice.

Judges propose to sanction the law of three grades, which would prevent unjust returns in the system and would reduce pressure against judges and their promotion.

Judges are against the stances for the way how new judges should be recruited. They also refuse the stance to undergo psychological tests.

Judges say that the age for those who aims to be judges should be increased. No models for the fight against corruption should be taken from Ukraine, Serbia or Kosovo, since the draft does not explain what is the result in these countries.

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