The final draft of the legal amends for the justice reform has been
published. The difference between this draft and the one given by the
experts of the Ministry of Justice is very clear, besides the
sanctioning in constitution of the legislation related to EU
integration.
The Ministry of Justice suggested that the entire elite of the system should be elected by its members. They have another formula for electing the leaders of justice institutions, which leaves competences to politics too.
Starting from the Constitutional Court, highest level experts agree that it should have nine members, three appointed by the President, three by the Parliament, through propositions of the council of appointing, and one from the judges of the court itself. The Constitutional Court, the highest grade of the country, is relieved of the right to make constitutional amends.
Experts say that the judicial power is exerted by the Supreme Court and the Supreme Administrative Court. The latter is another amend from the draft of the Ministry of Justice, which does see the Administrative Court as a court of its own.
The right to appoint judges of the Supreme and Administrative Court was left to the President, based on propositions made by the Supreme Council of Justice. But the President has the right to refuse a candidacy only once.
If the Supreme Council of Justice rejects its decree, the candidacy for these courts is considered appointed.
Different from the propositions of the Ministry of Justice, which say that these courts should be composed only of judges, the experts have allowed 1/5th of the members to be appointed by judges.
Experts propose that the Supreme Council of Justice should be composed of 11 members, six voted from judges of all levels and five from the Parliament, with 3/5th of the votes.
This council takes care of the appointing, evaluation, promotion and transferring of judges of all levels.
The Council of the Prosecution has the same functions. Six members come from the votes of prosecutors, and five from the Parliament with 84 votes.
Besides appointing and transferring Prosecutors, the Council of Prosecution has the right to make three propositions for the Prosecutor General. The latter is voted in Parliament with qualified majority.
The unblocking mechanism, if the votes are not reached, the Prosecutor General is appointed by the Council of Prosecution.
Experts have decided to establish the Justice Tribunal, which evaluates every complaint of the people from the justice system.
The Constitutional Court stays above this institution. These propositions have foreseen establishing the Supreme Inspectorate of Justice, which evaluates the requests to judges and prosecutors of all levels.
Experts established the re-evaluation process of prosecutors and judges. To avoid abuses, they say the International Monitoring Mission will serve as guarantee.
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