The process of preparation of the Draft Law for the Judicial Council has been completed. It incorporates the recommendations of the Evaluation Mission of the EC. In view of the extent of the legal changes, which are almost 2/3, we`ve moved towards the development of a completely new legal solution.
The draft law has been submitted to the Venice Commission for consideration, and the key novelties proposed by the working group are:
- Regulating the procedures for dismissing the Chairman of the Judicial Council. The public is expected in the proceedings and it must not be excluded in any case. The procedure for dismissal from the position of Chairman or Deputy Chairman is carried out by at least four members, and the decision for dismissal is carried by at least eight votes. The right to appeal to the Administrative Court is allowed against the decision to dismiss the Chairman, that is, the Deputy Chairman.
- Clarification of the conditions that must be met by candidates for the position of a member of the Judicial Council, which is chosen by the Assembly on a public advertisement or on the proposal of the Chairman, especially in relation to the clarification of the term "prominent lawyer" and the necessary qualifications that the candidates must possess. "Prominent lawyer" means that the candidate is a graduate lawyer with at least 15 years of work experience in the legal profession after passing the bar exam or the candidate is a university professor in law, with at least seven years of work experience in the educational system, who has excelled in his scientific or professional work in the field of justice, who has distinguished himself with his public actions in the protection of the rule of law, the independence of the judiciary and human rights, as well as to enjoy good reputation and to possess integrity for the performance of the functions of a member of the Council, for which he/she should submit at least three recommendations from university professors of law, lawyers, former or current judges of the Constitutional Court or international courts, or persons with at least 15 years of work experience in the legal profession after passing the bar exam, two of them belonging to the same law/justice profession".
- Strengthening the principles of the public and transparency of the procedures for the selection of non-judicial members by establishing an opportunity for public debates, where candidates for membership can be presented and questions can be asked, their professional experience and expertise;
- Strengthening the legitimacy of the process for selecting members of the Judicial Council from among judges, as well as clearly regulating the procedures for determining the responsibility of a member of the Judicial Council, including his dismissal, as well as establishing an obligation on the Judicial Council to specify, individualize and explain the decisions for the selection and determining the responsibility of judges;
- As well as other changes that address the recommendations of the Evaluation Mission which will improve the legal framework.
- Link from the Proposed Law for the Judicial Council:
https://ener.gov.mk/Default.aspx?item=pub_regulation&subitem=view_reg_detail&itemid=84282