Conference. Constitutional Aspects of Judicial Reform in Ukraine. March 24 and 25, 2011 Lviv, Ukraine CONCLUSIONS OF THE CONFERENCE
|
|
- Solomon Wilcox
- 6 years ago
- Views:
Transcription
1 Council of Europe Conseil de l'europe European Union Union européenne This programme is co-funded by the European Union and the Council of Europe and implemented by the Council of Europe Lviv National University in the name of Ivan Franko In cooperation with USAID Ukraine Rule of Law Project and Joint Council of Europe and European Union Project Transparency and Efficiency of the Judicial System of Ukraine Conference Constitutional Aspects of Judicial Reform in Ukraine March 24 and 25, 2011 Lviv, Ukraine CONCLUSIONS OF THE CONFERENCE More than 120 participants of the Conference on Constitutional Aspects of Judicial Reform in Ukraine concluded and recommended the following: The 1996 Constitution of Ukraine has numerous gaps with respect to Council of Europe standards and commitments of Ukraine regarding the rule of law and the independence of the judiciary. The Constitutional provisions of Chapter II Human and Citizens Rights, Freedoms and Duties need changes to be in line with recognized standards with respect to human rights and fair trial, defense and double jeopardy. Need to promote constitutional changes with leading policy-makers and to ensure that the required changes with regard to the judiciary are not ignored, postponed or forgotten. Judicial reform in Ukraine is an ongoing process, the Law on Judiciary and Status of Judges in Ukraine introduced a number of significant changes, but these changes are limited by Constitutional provisions. Conference participants discussed the constitutionality of some provisions of the new Law on the Judiciary and the Status of Judges and changes have to be introduced to the Constitution to be in line with Council of Europe standards. 1
2 Session 1: Constitutional Provisions Related to the Judiciary in Ukraine The Judiciary Section of the Constitution needs revision in accordance with Council of Europe standards based on the 2006 and 2010 Venice Commission recommendations. The Constitution should guarantee a fair state fee for court services. It would be useful to concentrate court services (instead of 10 smaller courts in the City of Lviv to have 1 larger court, for example); there should also be a transition to precedent law, where the Supreme Court of Ukraine plays a critical leading role. The Constitution should guarantee the main institutional and functional principles of the judiciary: an independent branch of the state power, which is fair, accessible, impartial, based on the rule of law, implemented by courts only within the framework of court procedures. It is not necessary to implement new models and principles, but it is necessary to correct mistakes, specifically related to the status of the Supreme Court, the status of higher courts, minimal age for judicial candidates (25 years is too young). 5-year probation period for judges is too long, it, should be less. It would be useful to introduce a jury trial system in Ukraine (at least three years of transition period is needed). Constitution should guarantee professional immunity and irremovability for judges. The current Constitution appears somewhat confusing with regard to specialization. In the same provision, it affirms the principle of specialization and the prohibition of special courts. The instance principle should not be applied to specialized courts. The Higher Specialized Court for Review of Criminal and Civil Cases is not in line with the Constitution and other legislation, since there is no specialized first instance and appellate courts to review these two types of cases. Session 2: Judicial Reform and the Constitution of Ukraine The modernization of the judiciary is an on-going process and in this respect, the Constitutional Court of Ukraine can play a leading role. Legal Science should be more active in the process of strengthening the rule of law in Ukraine. Many problems of the judicial reform in Ukraine stem from scientists are not active enough in asking for the implementation of international standards. The functions of the Constitutional Court of Ukraine and Supreme Court of Ukraine have to be harmonized. The Supreme Court should not seek the Constitutional Court s interpretation, but deal with such issues on its own. Individual Constitutional complaints are not possible at the moment, maybe in the future. The law on the Judiciary and the Status of Judges has some provisions which are not in compliance with the Constitution, including the language of trial, the High Specialized Court for Review of Criminal and Civil Cases, and the scope of authority of the Supreme Court of Ukraine. Currently, the reform, following the adoption of the Law on the Judiciary and the Status of Judges, has had some positive repercussions when looking at individual courts: random case assignment, the status of chief judge (no pressure on judges) 2
3 and transparency (registry of court decisions). For the society in general, the reform has a more negative impact than a positive one: social cases are stacked in appellate courts, public trust in the judiciary is decreasing, and court decisions are not enforced. The judicial reform cannot be effective without the reform of the public prosecution institutions, the bar and the police. Judicial self-governance is essential, but at the moment there are too many bodies and commissions with no practical content. The composition of High Council of Justice is not in compliance with international standards. Session 3: Issues Related to the Formation of the Court System in Ukraine in the Context of the Law of Ukraine On the Judiciary and Status of Judges Concern that the Law on the Judiciary and the Status of Judges decreases judicial independence. A specific concern is the High Qualifications Commission of Judges, which became a quasi- court with a great deal of authority on disciplinary cases against judges. The results of the judicial reform are: old issues are not solved and new issues appeared. It is not good to have fixed short-terms for processing court cases, it is more important to have good quality court decisions, which solve conflicts and protect citizens rights. Judges can do nothing with respect to the enforcement of court decisions other than promote legislative changes. There is pilot program for the administrative judiciary on the enforcement of court decisions: the public authority who loses a case against a citizen must report to the court on the enforcement of the court decision. There is no consensus regarding the role and functions of the Supreme Court. It is necessary to develop and sustain the judicial self-governance. Session 4: Judicial Power and Human Rights in the Constitution of Ukraine The Constitution of Ukraine does not have enough provisions that ensure human rights with regard to pre-trial detention, the right to refuse to be a witness and with regard to the prohibition of torture (Articles 29, 30, 28, 63). Criminal procedure should be fair with regard to the defendant. Every criminal process should lead to establishing material truth, ie to prove the crime without reasonable doubt. Determination of guilt should be a result of open case review, where the prosecutor and defense lawyer have equal rights and the judge makes a decision totally independently from the prosecutor. Criminal procedural rules should guarantee the effective defense to counteract the prosecutor, even during pre-trial investigation. Right to defense lawyer to effectively review the reliability of evidence collected during pre-trial investigation. To extend relevant procedural safeguards of the trial to the pre-trial phase. 3
4 Session 5: Constitutional Status of a Judge and Conditions for the Formation of the Judicial Corps in Ukraine The law on the Judiciary and the Status of Judges (2010) established the new rule for the judicial appointment, in which the High Qualifications Commission of Judges plays the key role. The Venice Commission considers that the HQC provisions do not comply with international standards. The judicial appointment framework includes open announcement, anonymous testing and specialized training, organized by the National School of Judges of Ukraine and conducted by one of four universities: Lviv National University, Kyiv National University, Kharkiv Law Academy and Odessa Law Academy. It is up to the HQC to decide where candidate judges should receive specialized training. Problematic questions of judicial appointment: National School of Judges has not yet been established and the High Council of Justice conducts its own testing which repeats what the HQC does. The High Council of Justice should not conduct any tests. Although the integrity of judges is an essential feature that should be taken into account when selecting candidates, checking the integrity through examination in practice is almost impossible. As a rule, and unless the contrary is evident, candidates for a judicial position should be deemed having integrity. However, a background check of the candidates is possible. The USAID Ukraine Rule of Law Project, which is constantly working on improving the judicial selection, introduced some tools for checking integrity (professional references in Judicial Vacancy Application Form). The Constitution should guarantee the protection of judges and their independence (Article 126 should be amended, it is not sufficient). Constitution should safeguard the organizational structure of the judiciary and recognize the right to natural judges, pre-established by law. 5-year period for the first appointment makes judicial independence vulnerable. Judges depend on Parliament and the President; this should not be so. The composition of the High Council of Justice does not comply with international standards. The judiciary is vulnerable because laws come from Parliament and funds come from State Budget (Cabinet of Ministers). This is why the Constitution should guarantee: - self-administration for the judiciary - sufficient funding - effective self-governance - independence - transparent procedures of judicial selection - professional immunity for decisions taken - fair disciplinary processes - sufficient salary The participants of Conference recommended to: 4
5 - expand Section II of the Constitution with the right for fair trial, the right to jury trial, to enhance guarantees in the Article 29, and provide for guarantees against double jeopardy. - remove the right of the President to create courts. - remove from paragraph 2, point 1 of the Article 121, the right of prosecutor to act on behalf of citizens - amend Article121 with principles for prosecutorial activity, including legality, neutrality, and impartiality. - amend Section 8 of the Constitution to read Judiciary. - expand Article 125 with a statement that the creation and closure of courts, as well as the number of courts and judges should be established by law. - limit judicial immunity to activities in the judicial office (Article 126, Part 3) - Increase the maximum age to keep the position of judge to 70 years. - Remove the prohibition for judges to become members of trade unions. - The probation period should be not more than 2 years. - Revise Article 131 with regard to the status, composition and authority of the High Council of Justice. - Review the provisions regarding the status and scope of the Constitutional Court of Ukraine. Session 6: Role, Functions and Status of Prosecutor s Office in the Constitution of Ukraine Article 121 of the Constitution of Ukraine is mostly in compliance with European standards; however, the Law on the Prosecutor s Office has many provisions that are not in compliance with these standards With regard to the presentation of citizens interests in courts, citizens should use their rights themselves without the Prosecutors Offices; the Law should clarify when citizens interests can be presented by Prosecutors Offices (ie, if a person is not able to protect him/ herself). Prosecutor s Office should have more authority to control police action. Prosecutor s Office should have less authority in criminal processes when dealing with human rights. Corruption index of the Council of Europe shows the following trend: the more discretion the Prosecutor s Office has, the more corrupt the country is. It is the role of the Prosecutor s Office to strengthen the rule of law. The role, responsibility and status of prosecutorial authority in Ukraine is a matter of public interest and has to be resolve in Parliament, according to international commitment. The junior members of the Prosecutor s Office have in practice no means to refuse to comply with unlawful instructions from their superiors. The judges fear abuses from the Prosecutor s Office. Judges act in practice under pressure of the Prosecutor s Office for fear of being themselves prosecuted. The provision giving the General Public Prosecutor the exclusive power to charge and indict judges, instead of being a safeguard for the independence of judges against false accusations, it is in practice used as a means of exerting direct pressure upon the judiciary. 5
JOINT OPINION ON THE LAW AMENDING CERTAIN LEGISLATIVE ACTS OF UKRAINE IN RELATION TO THE PREVENTION OF ABUSE OF THE RIGHT TO APPEAL
Council of Europe Conseil de l'europe européenne European Union Union Strasbourg, 18 October 2010 Opinion No. 588 / 2010 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) JOINT
More informationREPUBLIC OF MOLDOVA DRAFT LAW ON THE MODIFICATION AND COMPLETION OF THE CONSTITUTION AND INFORMATIVE NOTE
Strasbourg, 9 February 2018 Opinion No. 916 / 2018 Engl.Only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) REPUBLIC OF MOLDOVA DRAFT LAW ON THE MODIFICATION AND COMPLETION OF THE CONSTITUTION
More informationLAW ON THE PUBLIC PROSECUTOR'S OFFICE OF UKRAINE
Strasbourg, 5 November 2014 Opinion No. 735/2013 CDL-REF(2014)047 Engl. Only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) LAW ON THE PUBLIC PROSECUTOR'S OFFICE OF UKRAINE Text adopted
More informationCONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN ON JUDICIAL SYSTEM AND STATUS OF JUDGES OF THE REPUBLIC OF KAZAKHSTAN
CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN ON JUDICIAL SYSTEM AND STATUS OF JUDGES OF THE REPUBLIC OF KAZAKHSTAN Section 1. GENERAL PROVISIONS Article 1. Judicial Power Dated 25 December 2000 No.
More informationAnnex 3 NIS Indicators and Foundations. 1. Legislature
Annex 3 NIS Indicators and Foundations 1. Legislature A representative deliberative assembly with the power to adopt laws e.g. parliament or congress. In parliamentary systems of government, the legislature
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationJose Garzon. jgarzon.
Jose Garzon jgarzon http://www.usaid.gov/our_work/democracy_and_governance/ TABLE 1: Judicial
More informationAnalytical assessment tool for national preventive mechanisms
United Nations Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 25 January 2016 Original: English CAT/OP/1/Rev.1 Subcommittee
More informationRecruitment and appointment of judges and justices in Europe and the US
ARTICLE Recruitment and appointment of judges and justices in Europe and the US Law and legal culture In this article Bovend Eert compares the law and legal culture regarding the recruitment and appointment
More informationCONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE)
CCPE(2015)3 Strasbourg, 20 November 2015 CONSULTATIVE COUNCIL OF EUROPEAN PROSECUTORS (CCPE) Opinion No.10 (2015) of the Consultative Council of European Prosecutors to the Committee of Ministers of the
More informationJUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL ASIA Challenges, Reforms and Way Forward
ORGANIZATION FOR SECURITY AND CO-OPERATION IN EUROPE Office for Democratic Institutions and Human Rights JUDICIAL INDEPENDENCE IN EASTERN EUROPE, SOUTH CAUCASUS AND CENTRAL ASIA Challenges, Reforms and
More informationSERBIA DRAFT AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF SERBIA. As submitted by the Ministry of Justice of Serbia on 12 October 2018
Strasbourg, 12 October 2018 Opinion No. 921 / 2018 CDL-REF(2018)053 Eng.Only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) SERBIA DRAFT AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC
More informationInDEPEnDEnCE, IMPARTIALITy, PRofESSIonALISM AnD EffICIEnCy of ThE JUDICIAL SySTEM
AnALyTICAL REPoRT InDEPEnDEnCE, IMPARTIALITy, PRofESSIonALISM AnD EffICIEnCy of ThE JUDICIAL SySTEM AnALySIS AnD ASSESSMEnT of ThE ALIgnMEnT of MACEDonIA S LEgAL framework with ThE STAnDARDS EnvISAgED
More informationDRAFT JOINT OPINION ON THE LAW ON THE JUDICIAL SYSTEM AND THE STATUS OF JUDGES OF UKRAINE
Council of Europe Conseil de l'europe European Union Union européenne Strasbourg, 18 October 2010 Opinion No. 588 / 2010 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) DRAFT
More informationJUDICIAL APPOINTMENTS. Revised discussion paper prepared by the Secretariat for the meeting of the Sub-commission on the Judiciary.
Strasbourg, 28 February 2007 CDL-JD(2007)001 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) JUDICIAL APPOINTMENTS Revised discussion paper prepared by the Secretariat for the
More informationTABLE 1: Judicial Councils in France, Italy, Portugal, and Spain Italy* France** Spain*** Portugal**** No. of members 33 12 21 17 Presidency President of the republic President of the republic President
More informationJudicial Transparency Checklist
EXTENDING THE REACH OF DEMOCRACY Judicial Transparency Checklist Key Tranparency Issues and Indicators to Promote Judicial Independence and Accountability Reforms IFES By Keith Henderson, Violaine Autheman,
More informationamending and supplementing Law no. 304/2004 on the organisation of the judiciary
amending and supplementing Law no. 304/2004 on the organisation of the judiciary The Senate adopts this draft law Art. I.- Law no. 304/2004 on the organisation of the judiciary, as republished in the Official
More informationPRELIMINARY DRAFT REPORT
Strasbourg, 20 May 2010 Study N 494 / 2008 CDL-JD(2010)001 * Engl. only. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) PRELIMINARY DRAFT REPORT ON EUROPEAN STANDARDS AS REGARDS THE
More informationCivil vs Criminal Cases
Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation
More informationREPORT ON THE EXCHANGE AND SUMMARY
REPORT ON THE EXCHANGE AND SUMMARY Instructions: 1. The report must be sent to the EJTN (exchange@ejtn.eu) within one month after the exchange. 2. Please use the template below to write your report (at
More informationComments on certain provisions of the draft Law on the status of judges and prosecutors in relation to international human rights standards.
Comments on certain provisions of the draft Law on the status of judges and prosecutors in relation to international human rights standards May 2014 The following comments have been prepared by the Office
More informationCzech Republic - Constitution Adopted on: 16 Dec 1992
Czech Republic - Constitution Adopted on: 16 Dec 1992 Preamble We, the citizens of the Czech Republic in Bohemia, Moravia, and Silesia, at the time of the renewal of an independent Czech state, being loyal
More informationRelevant instruments in the field of justice for children
Relevant instruments in the field of justice for children Guidelines on the Role of Prosecutors Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders,
More informationFight against impunity in Ukraine
FIDH, Center for Civil Liberties, Kharkiv Human Rights Protection Group, Advocacy Advisory Panel Joint situation note Fight against impunity in Ukraine November 2015 FIDH, in partnership with its Ukrainian
More informationLAW ON STATE PROSECUTOR S OFFICE
LAW ON STATE PROSECUTOR S OFFICE (Published in the Official Gazette of the Republic of Montenegro, No. 69/2003 and Official Gazette of Montenegro 40/2008) I GENERAL PROVISIONS Subject matter of the Law
More informationREPORT ON REALISATION OF THE JUDICIAL REFORM STRATEGY FOR IN Introduction, conclusions & recommendations
REPORT ON REALISATION OF THE JUDICIAL REFORM STRATEGY FOR 2014 2018 IN 2014 2016 Introduction, conclusions & recommendations Publisher Human Rights Action (HRA) Ulica Slobode 74/II, 81 000 Podgorica, Montenegro
More information(Statute of the International Tribunal for Rwanda)
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda
More informationReport. Rule of law in Ukraine: Human Rights in the Criminal Proceedings
NGO All-Ukrainian European Foundation The League of Law Human Rights Platform Commission of Protection of the Illegally Accused Report Rule of law in Ukraine: Human Rights in the Criminal Proceedings Prepared
More informationTHE PARLIAMENT OF ROMANIA THE SENATE LAW. On judicial organisation. in Part I of the Official Journal of Romania No. 566/30.06.
THE PARLIAMENT OF ROMANIA THE SENATE LAW On judicial organisation *) re-published in the Official Journal of Romania, Part I, No. 827/13.09.2005 as subsequently amended, by Law no. 247/2005 published in
More informationTRINIDAD AND TOBAGO S PROGRESS REPORT Prepared in accordance with Rule 31 of the Rules of Procedure of the MESICIC
TRINIDAD AND TOBAGO S PROGRESS REPORT 2009 Prepared in accordance with Rule 31 of the Rules of Procedure of the MESICIC SECTION 1 PROGRESS IN THE IMPLEMENTATION OF THE RECOMMENDATIONS FIRST ROUND REVIEW
More informationSupport to Good Governance: Project against Corruption in Ukraine (UPAC)
Council of Europe Conseil de l'europe European Union Union européenne Economic Crime Division Directorate of Co-operation Directorate General of Human Rights and Legal Affairs August 2008 Support to Good
More informationCONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN ON THE JUDICIAL SYSTEM AND STATUS OF JUDGES OF THE REPUBLIC OF KAZAKHSTAN
Strasbourg, 19 May 2011 Opinion No. 629/2011 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN ON THE JUDICIAL SYSTEM AND STATUS
More informationREPUBLIKA E KOSOVES/ REPUBLIKA KOSOVA/ REPUBLIC OF KOSOVO KËSHILLI PROKURORIAL I KOSOVËS/ TUŽILAČKI SAVET KOSOVA KOSOVO PROSECUTORIAL COUNCIL
REPUBLIKA E KOSOVES/ REPUBLIKA KOSOVA/ REPUBLIC OF KOSOVO KËSHILLI PROKURORIAL I KOSOVËS/ TUŽILAČKI SAVET KOSOVA KOSOVO PROSECUTORIAL COUNCIL Kosovo Prosecutorial Council based on article 4 of the Law
More informationOverview of the Jury System. from the Perspective of a Korean Attorney. From the perspective of a Korean attorney, the jury system
Lee 1 Hyung Won Lee Judge William G. Young Judging in the American Legal System 10 May 2013 Overview of the Jury System from the Perspective of a Korean Attorney I. Introduction From the perspective of
More informationRepublika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës/ Tužilaški Savet Kosova/ Kosovo Prosecutorial Council
Republika e Kosovës Republika Kosova / Republic of Kosovo Këshilli Prokurorial i Kosovës/ Tužilaški Savet Kosova/ Kosovo Prosecutorial Council Kosovo Prosecutorial Council based on Article 4, paragraph
More informationTowards a more transparent and coherent party finance system across Europe
Towards a more transparent and coherent party finance system across Europe The theme of Party Finance is key to determine the transparency of a political system. As many cases in the past have demonstrated,
More informationOn Judicial Power. Part I. General Provisions. Chapter I Judicial Power
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or
More informationRepublic of Kosova Kosovo Prosecutorial Council
Republic of Kosova Kosovo Prosecutorial Council Based on Article 4 of the Law on Kosovo Prosecutorial Council, Articles 27 and 28 of the Law on State Prosecutor and the Plan on Implementation of the Law
More informationDignity at Trial. Key Findings of the Czech National Report
Dignity at Trial Enhancing Procedural Rights of Persons with Intellectual and/or Psychosocial Disabilities in Criminal Proceedings Key Findings of the Czech National Report Czech Republic League of Human
More informationZlata Durdevic Head of the Department of Criminal Procedural Law, University of Zagreb
Admissibility of evidence, judicial review of the actions of the European Public Prosecutor s Office and the protection of fundamental rights Text not revised by the author Zlata Durdevic Head of the Department
More informationJUSTICE REFORM ROMANIA
JUSTICE 2017 REFORM ROMANIA Executive summary 5 Securing independence of judges 11 Independence of prosecutors when investigating cases 13 Hierarchical control over the prosecutors 15 De-politicization
More informationTHE JUDICIARY, WHICH MUST BE INDEPENDENT, HAS COME UNDER THE CONTROL OF THE EXECUTIVE
Policy Note 19 March 2014 This policy note has been prepared by the Checks and Balances Network. The policy note evaluates Law no. 6524 Concerning Amendments to Certain Laws adopted by the Plenum of the
More informationThe following brief sketch of the Swedish legal history and the court system may serve as an introduction to the Swedish answers to the questionnaire.
1 THE STATUS OF ADMINISTRATIVE JUDGES IN SWEDEN by Lars Wennerström and Annika Brickman, Justices of the Supreme Administrative Court The following brief sketch of the Swedish legal history and the court
More informationCouncil of the European Union Brussels, 12 June 2015 (OR. en)
Council of the European Union Brussels, 12 June 2015 (OR. en) Interinstitutional File: 2013/0255 (APP) 9372/15 EPPO 30 EUROJUST 112 CATS 59 FIN 393 COPEN 142 GAF 15 NOTE From: To: Subject: Presidency Council
More informationOPINION ON THE AMENDMENTS TO THE CONSTITUTION OF UKRAINE ADOPTED ON
Strasbourg, 13 June 2005 Opinion no. 339 / 2005 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) OPINION ON THE AMENDMENTS TO THE CONSTITUTION OF UKRAINE ADOPTED ON 8.12.2004
More informationLAW of UKRAINE No VI
LAW of UKRAINE No. 2453-VI On the Judiciary and the Status of Judges This law determines the legal principles of organization of the judiciary and administering justice in Ukraine in order to protect rights,
More informationOPINION ON THE DRAFT AMENDMENTS TO THE LAW ON THE HIGH JUDICIAL COUNCIL SERBIA
Strasbourg, 13 October 2014 Opinion no. 776/2014 CDL-AD(2014)028 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) OPINION ON THE DRAFT AMENDMENTS TO THE LAW ON THE HIGH JUDICIAL
More informationProposal for a draft United Nations Statute on an International Criminal Court or Tribunal for Cyberspace (Second Edition May 2013) Introduction
1 Proposal for a draft United Nations Statute on an International Criminal Court or Tribunal for Cyberspace (Second Edition May 2013) Introduction Recalling the United Nations Convention against Transnational
More informationOPINIONS ON THE DRAFT LAW ON MODIFICATION AND AMENDMENT TO THE CONSTITUTION OF THE REPUBLIC OF MOLDOVA
Strasbourg, 9 July 2002 Opinion no. 210/2002 Or. English EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) OPINIONS ON THE DRAFT LAW ON MODIFICATION AND AMENDMENT TO THE CONSTITUTION OF
More informationC O U N T R Y R E P O R T
C O U N T R Y R E P O R T The Old and New n Superior Council of Magistracy On November 1 st, 2010, the n Superior Council of Magistracy (CSM) changed its composition. The judges and prosecutors from all
More informationChapter 6: Criminal Proceedings against a Legal Person
138 Chapter 6: Criminal Proceedings against a General Article 19 of the MCC establishes criminal responsibility over legal persons, or corporate criminal responsibility, a concept that is increasingly
More information2010 Proposed Constitutional Amendments to the 1982 Constitution of Turkey. PhD. Levent Gönenç
2010 Proposed Constitutional Amendments to the 1982 Constitution of Turkey PhD. Levent Gönenç TEPAV Evaluation Note September 2010 2010 Proposed Constitutional Amendments to the 1982 Constitution of Turkey
More informationQUALITY OF COURT PERFORMANCE: EXTERNAL EVALUATION
UKRAINE RULE OF LAW PROJECT QUALITY OF COURT PERFORMANCE: EXTERNAL EVALUATION Pilot Program for Court Performance Quality Evaluation: Citizen Report Card Survey among Court Visitors (Round III) Analytical
More informationBurma's Judiciary What changes will be required to create a new system? 1
B U R M A L A W Y E R S ' C O U N C I L Part A: Special Features (A. 1) Burma's Judiciary What changes will be required to create a new system? 1 Introduction In order to promote human rights with the
More informationFair trial based on penal legislation of Kosovo
Fair trial based on penal legislation of Kosovo Abstract PhD (C) Mirvete Uka University Hasan Pristina, Kosovo Fair trial is the main principle or as is often said principle above principles on penal procedure.
More informationPALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND. Mandate of the Special Rapporteur on the independence of judges and lawyers
PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND Mandate of the Special Rapporteur on the independence of judges and lawyers REFERENCE: OL KAZ 1/2018 17 January 2018 Excellency, I have the honour to address
More informationJudiciary System Act
Judiciary System Act Promulgated, State Gazette No. 64/7.08.2007, amended, SG No. 69/5.08.2008, amended and supplemented, SG No. 109/23.12.2008, supplemented, SG 25/3.04.2009, effective 3.04.2009, amended
More informationName: Class: Date: 5. The amendment to the U.S. Constitution that forbids cruel and unusual punishment and prohibits excessive bail is the
1. Roman laws a. often came to include commentaries written by judges. b. treated criminals with compassion. c. were ignored by the Emperor Justinian. d. were condemned by the Roman Catholic Church. 2.
More informationUNLAWFUL GAME OF THE
Instituti i Kosovës për Drejtësi Kosovo Law Institute Kosovski Institut Pravde Short analysis: No. 04/2017 - KLI UNLAWFUL GAME OF THE Dhomat e Specializuara dhe Zyra e Prokurorit tё Specializuar tё Kosovёs
More informationCivil Society Draft Bill for the Special Tribunal for Kenya
Civil Society Draft Bill for the Special Tribunal for Kenya A Bill of Parliament anchored in the Constitution of the Republic of Kenya to establish the Special Tribunal for Kenya pursuant to the Kenya
More informationThe Evolution of the Constitutional System in Albania
The Evolution of the Constitutional System in Albania Dr. Evis Alimehmeti, PhD University of Tirana, Albania Abstract This paper aims to introduce the readers with the standards of the Albanian constitutional
More informationQuality Initiative in Eastern Europe and South Caucasus
Quality Initiative in Eastern Europe and South Caucasus Description of Phase Two (2015-2017) INTRODUCTION AND OBJECTIVE The First Phase of the Quality Initiative in Eastern Europe and South Caucasus (QIEE)
More informationCONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO HB 2479 would create and amend law related to criminal procedure, as follows.
SESSION OF 2018 CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2479 As Agreed to May 1, 2018 Brief* HB 2479 would create and amend law related to criminal procedure, as follows. Stay During KSA 60-1507
More informationOffice of the Prosecutor Law
Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or
More informationGeorgian National Study
Georgian National Study February, 0 International Republican Institute, Baltic Surveys Ltd. / The Gallup Organization, The Institute of Polling And Marketing with funding from the United States Agency
More information*Note: An update of the English text of this Act is being prepared following the amendments in SG No. 14/
Judiciary System Act Promulgated, SG No. 64/7.08.2007, amended, SG No. 69/5.08.2008, amended and supplemented, SG No. 109/23.12.2008, supplemented, SG No. 25/3.04.2009, effective 3.04.2009, amended and
More informationtrials of political detainees
IRAN @Unfair trials of political detainees Amnesty International remains concerned about unfair trial procedures in political cases in the Islamic Republic of Iran and has repeatedly expressed these concerns
More informationCouncil of the European Union Brussels, 12 December 2017 (OR. en)
Council of the European Union Brussels, 12 December 2017 (OR. en) 15587/17 COVEME 9 OUTCOME OF PROCEEDINGS From: General Secretariat of the Council On: 12 December 2017 To: Delegations No. prev. doc.:
More informationZurich Open Repository and Archive University of Zurich Main Library Strickhofstrasse 39 CH-8057 Zurich Year: 2011.
Zurich Open Repository and Archive University of Zurich Main Library Strickhofstrasse 39 CH-8057 Zurich www.zora.uzh.ch Year: 2011 The Council of Europe s acitvities in the judicial field: the contribution
More informationDouble Jeopardy (Scotland) Bill [AS AMENDED AT STAGE 2]
Double Jeopardy (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section 1 Rule against double jeopardy Double jeopardy Exceptions to rule against double jeopardy 2 Tainted acquittals 3 Admission made
More informationDRAFT OPINION ON THE DRAFT AMENDMENTS TO THE LAW ON POLITICAL PARTIES OF BULGARIA 1. on the basis of comments by
Strasbourg, 4 December 2008 Opinion no. 505/2008 CDL(2008)127* Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) DRAFT OPINION ON THE DRAFT AMENDMENTS TO THE LAW ON POLITICAL
More informationTHE INDEPENDENCE OF THE COURTS AND JUDICIAL INDEPENDENCE FROM THE EUROPEAN UNION LAW PERSPECTIVE *1
RUCH PRAWNICZY, EKONOMICZNY I SOCJOLOGICZNY Rok LXXVIII zeszyt 2 2016 DARIUSZ ZAWISTOWSKI THE INDEPENDENCE OF THE COURTS AND JUDICIAL INDEPENDENCE FROM THE EUROPEAN UNION LAW PERSPECTIVE *1 I. INTRODUCTION
More informationEquality of Arms, Albanian Case and the European Court of Human Rights
Doi:10.5901/ajis.2015.v4n3p181 Abstract Equality of Arms, Albanian Case and the European Court of Human Rights PhD Candidate Emira Kazazi Albtelecom Sh.A Prof. Assoc. Dr Ervis Çela Faculty of Law, University
More informationThe Danish Courts an Organisation in Development
The Danish Courts an Organisation in Development Introduction The Danish Courts are going through a period of structural upheaval. Currently the Danish judicial system is undergoing sweeping reforms that
More informationInternational Covenant on Civil and Political Rights
United Nations CCPR/C/100/D/1346/2005 International Covenant on Civil and Political Rights Distr.: Restricted * 28 October 2010 Original: English Human Rights Committee One hundredth session 11 to 29 October
More informationCHAPTER 17 REPRESENTING YOURSELF BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS (DOAH)
CHAPTER 17 REPRESENTING YOURSELF BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS (DOAH) I. INTRODUCTION We do not recommend that you attempt to represent yourself in a formal hearing before the Division
More informationRoad Maps for Reform
INTERNATIONAL ASSOCIATION OF PROSECUTORS: HONG KONG - SEPTEMBER 2007 Workshop: Performance Measurements - Assessments of Prosecution Services Road Maps for Reform The Effective Use of Assessment Methodology
More informationRules of Procedure and Evidence*
Rules of Procedure and Evidence* Adopted by the Assembly of States Parties First session New York, 3-10 September 2002 Official Records ICC-ASP/1/3 * Explanatory note: The Rules of Procedure and Evidence
More informationDouble Jeopardy (Scotland) Bill [AS INTRODUCED]
Double Jeopardy (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Rule against double jeopardy Double jeopardy Exceptions to rule against double jeopardy 2 Tainted acquittals 3 Admission made or becoming
More informationDouble Jeopardy (Scotland) Bill
Double Jeopardy (Scotland) Bill Groupings of Amendments for Stage 2 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The information
More informationUKRAINIAN SYSTEM OF SANCTIONS ALTERNATIVE TO IMPRISONMENT AND OUTLOOKS TO PROBATION INTRODUCTION
UKRAINIAN SYSTEM OF SANCTIONS ALTERNATIVE TO IMPRISONMENT AND OUTLOOKS TO PROBATION INTRODUCTION In the international practice of crime prevention it is a common knowledge that sanction like imprisonment
More informationConcluding observations on the report submitted by Cuba under article 29 (1) of the Convention*
United Nations International Convention for the Protection of All Persons from Enforced Disappearance Distr.: General 19 April 2017 English Original: Spanish CED/C/CUB/CO/1 Committee on Enforced Disappearances
More informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
EUROPEAN COMMISSION Brussels, 8.5.2015 COM(2015) 200 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Fifth Progress Report on the Implementation by Ukraine of the Action Plan
More informationESTABLISHING THE ANTI- CORRUPTION COURT IN UKRAINE
ESTABLISHING THE ANTI- CORRUPTION COURT IN UKRAINE KEY ISSUES TO SOLVE AND RECOMMENDATIONS BASED ON SLOVAK EXPERIENCE Contract No. AID-OAA-I-13-00032, Task Order No. AID-121-TO-16-00003 Nove Pravosuddya
More informationRegional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.
Anti-Corruption Network for Transition Economies OECD Directorate for Financial, Fiscal and Enterprise Affairs 2, rue André Pascal F-75775 Paris Cedex 16 (France) phone: (+33-1) 45249106, fax: (+33-1)
More informationAmerican Government Chapter 18 Notes The Federal Court System
American Government Chapter 18 Notes The Federal Court System Section 1 a. The National Judiciary B. Creation of a National Judiciary a. Framers of Constitution created a national judiciary b. A Dual Court
More informationSENATE, Nos. 171 and 2471 STATE OF NEW JERSEY 212th LEGISLATURE
LEGISLATIVE FISCAL ESTIMATE SENATE COMMITTEE SUBSTITUTE FOR SENATE, Nos. 171 and 2471 STATE OF NEW JERSEY 212th LEGISLATURE DATED: NOVEMBER 21, 2007 SUMMARY Synopsis: Type of Impact: Eliminates the death
More informationSubmitted by: Barry Stephen Harward [represented by counsel] Date of communication: 17 September 1990 (initial submission)
HUMAN RIGHTS COMMITTEE Harward v. Norway Communication No. 451/1991 15 July 1994 CCPR/C/51/D/451/1991* VIEWS Submitted by: Barry Stephen Harward [represented by counsel] Victim: The author State party:
More informationJudicial Conference of the United States. Committee to Review the Criminal Justice Act Program
Judicial Conference of the United States Committee to Review the Criminal Justice Act Program Testimony Submitted By National Association of Criminal Defense Lawyers E. G. Gerry Morris President In Preparation
More informationSURVEY OF ANTI-CORRUPTION MEASURES IN THE PUBLIC SECTOR IN OECD COUNTRIES: GERMANY
SURVEY OF ANTI-CORRUPTION MEASURES IN THE PUBLIC SECTOR IN OECD COUNTRIES: GERMANY 1. What anti-corruption mechanisms exist for the public sector in your country? a) Legislation proscribing corrupt activities
More informationChapter 10: The Judicial Branch
Chapter 10: The Judicial Branch Section 1 Objectives: 1.) Explain the need for laws and a legal system 2.) Describe the role of courts in our legal system 3.) Compare the roles of state and federal courts
More informationEUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) PILOT-SCHEME FOR EVALUATING JUDICIAL SYSTEMS
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ) PILOT-SCHEME FOR EVALUATING JUDICIAL SYSTEMS . SCHEME FOR EVALUATING JUDICIAL SYSTEMS Country:.. Contact Name:. E-mail:. I. General information
More informationREPORTING CATEGORY 2: ROLES, RIGHTS & RESPONSIBILITIES OF CITIZENS
REPORTING CATEGORY 2: ROLES, RIGHTS & RESPONSIBILITIES OF CITIZENS SS.7.C.2.1: Define the term "citizen," and identify legal means of becoming a United States citizen. Citizen: a native or naturalized
More informationRegional Anti-Corruption Action Plan for Armenia, Azerbaijan, Georgia, the Kyrgyz Republic, the Russian Federation, Tajikistan and Ukraine.
Anti-Corruption Network for Transition Economies OECD Directorate for Financial, Fiscal and Enterprise Affairs 2, rue André Pascal F-75775 Paris Cedex 16 (France) phone: (+33-1) 45249106, fax: (+33-1)
More informationVictim / Witness Handbook. Table of Contents
Victim / Witness Handbook Table of Contents A few words about the Criminal Justice System Arrest Warrants Subpoenas Misdemeanors & Felonies General Sessions Court Arraignment at General Sessions Court
More informationHungary. Basic facts The development of the quality of democracy in Hungary. The overall quality of democracy
Hungary Basic facts 2007 Population 10 055 780 GDP p.c. (US$) 13 713 Human development rank 43 Age of democracy in years (Polity) 17 Type of democracy Electoral system Party system Parliamentary Mixed:
More informationREPORTS OF THE PROGRAMME
GROUP 1 EFFECTIVE ANTI-CORRUPTION MEASURES Chairperson Mr. KUSHIMOV Nurkhat (Kazakhstan) Co-Chairperson Mr. MARUYAMA Jun (Japan) Co-Chairperson Ms. DIOMANDE Nanan Assiata (Côte d Ivoire) Rapporteur Mr.
More informationDraft Statute for an International Criminal Court 1994
Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering
More informationTwinning Project REPORT. on the results of the study visit to Lithuania and Latvia. Participants of the study visit:
Twinning Project IMPLEMENTATION OF THE BEST EUROPEAN PRACTICES WITH THE AIM OF STRENGTHENING THE INSTITUTIONAL CAPACITY OF THE APPARATUS OF THE UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS TO PROTECT
More information