site.btaJudicial System Bill Available for Public Consultation

The Justice Ministry has posted a Judicial System Bill for public consultation, the Ministry said. The bill is intended to strengthen the role and self-governance of the courts, introduces a requirement for party neutrality of the members of the supreme bodies of the judiciary, curtails the powers of the prosecutor general within the limits of administrative head of the Supreme Prosecution Office, lays down clear and transparent procedures for competitions, career development and secondment of magistrates. The bill is aligned with the latest amendments to the Constitution.

The bill was drafted by two successive working groups in the last eight months with the participation of many judges, prosecutors and investigators, organizations of magistrates, lawyers, NGOs, the National Institute of Justice and the Inspectorate with the Supreme Judicial Council, among others, the Ministry said.

The new Judicial System Bill implements recommendations by the Venice Commission and the European Commission's Rule of Law Report. The draft legislation has an altogether new structure in line with the constitutional understanding that the court is the main carrier of judicial power, and the prosecution and investigative bodies are part of the judicial system, the Justice Ministry said.

The administrative and personnel-management authorities -  the Supreme Judicial Council (SJC) and the Supreme Prosecutorial Council (SPC) - will be constituted at separate nomination and hearing stages, as part of the systematic approach of separating the functions of the two systems. Eligibility of the elective SJC and SPC members is limited to jurists of high professional and moral standing, with at least 15 years' legal experience, who are independent and neutral in party terms.

The National Assembly may not nominate sitting prosecutors or investigating magistrates to the SJC and the SPC.

The members of the two Supreme Councils elected by magistrates retain their status as magistrates.

A full impact assessment of the bill, public consultations with the judiciary, professional organizations and NGOs are to take place before the draft legislation is submitted for approval to the Council of Ministers and then to the National Assembly.