Bodnar said that the draft of the new act has been submitted for public discussion. – The draft law is dedicated to the issue of electing members of the judges of the National Judicial Council. (…) I hope that all participants of public life interested in this issue will respond to the bill, he said.
– In short, the project consists in the fact that the judges will choose themselves, with the support of the State Election Commission, the judges and the members of the National Council of the Court. That these elections should be transparent and accessible so that the judicial community is represented – said Bodnar.
“The second requirement in this act is the creation of a social council, that is, a body that, in a certain way, will support the National Council of the Court in fulfilling its constitutional tasks,” said the head of the Ministry of Justice.
Draft amendment to the Law on the National Council of Justice
by design The Seimas will not elect the judicial members of the National Judicial Council. 15 judges (out of 25 members of the council) will be elected by direct and secret elections of judges in the country..
The proposal envisages that judges of the Supreme Court, general, administrative and military courts will be represented in the council.
In addition, the bodies of the Supreme Council of Advocates, the National Council of Legal Advisers, the National Council of Prosecutors will also have the right to nominate candidates outside the specific group of judges (depending on the court from which the candidate comes). is authorized to grant academic degrees in the field of legal sciences, as well as to a group consisting of at least 2000 citizens;
Another assumption is that persons appointed to judicial positions with the participation of the National Judicial Council in the composition established by the law of December 8, 2017 will not have the right to nominate candidates;
Only professionally active judges who have also agreed to stand as candidates can be nominated;
The project envisages that those judges who are delegated to the Ministry of Justice or another official entity within three years before the election date are excluded from the right to vote in the National Council of the Judiciary. appointed by the executive authority or the National Council of the Judiciary in the composition established by the law of December 8, 2017;
According to the new regulations, it is impossible to combine the function of the council member with the disciplinary positions of the chairman of the court, the chairman of the chamber, the vice-president of the court, the deputy president. Speaker and his deputy;
The National Election Commission will be the body implementing the elections of the National Council of Justice;
A social council will be established at the National Council of Justice, whose task will be to provide opinions on judicial and evaluative candidates. The Council's action will minimize the risk of political pressure on the courts.
The mandates of the judicial members of the National Court Council elected on the basis of the provisions of 2017 expire on the day of the announcement of the results of the election of new members of the Council. Elections will be held in accordance with the new law.