ENCJ Executive Board´s statement on the latest draft law on the Judicial Council of Poland PDF Print E-mail

The ENCJ Executive Board is greatly dismayed to learn that the Polish Parliamentary Justice Committee has adopted a number of far-reaching amendments to the law on the National Judicial Council of Poland (Krajowa Rada Sądownictwa – the ‘KRS’) and has done so, as before, without any meaningful consultation with the KRS. These amendments are expected to be adopted by the Parliament and the Senate within the next days. (full statement)

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New members of the SJC of Bulgaria PDF Print E-mail
The new members of the Bulgarian Supreme Judicial Council (SJC) took their oaths of office on the 3rd of October 2017 in a ceremony at the Palace of Justice in Sofia. The 22 new members who were elected by the magistrates (judges, prosecutors and investigators) and the Parliament will serve five-year term, in addition to the three ex-officio members of the Council – the heads of the Supreme Court of Cassation and the Supreme Administrative Court and the Prosecutor General.
After the Constitutional amendments, in force since 22 December 2015, the Supreme Judicial Council is divided into two colleges – the College of Judges and the College of Prosecutors. The Judges' College of the SJC consists of 14 members: the chairpersons of the Supreme Court of Cassation and the Supreme Administrative Court, six members directly elected by the judges and six members elected by the National Assembly. The Prosecutors' College of the SJC is composed by 11 members: the Prosecutor General, four members elected directly by the prosecutors, one member elected directly by the investigators, and five members elected by the National Assembly.
In May and June 2017, as a result of the General Meetings of Judges, Prosecutors and Investigators, the members of the professional quota of the new Supreme Judicial Council (six judges, four prosecutors and one investigator) were elected in a procedure of direct elections by their colleagues, a procedure which is applied for the first time. In September were elected the members of the SJC from the quota of the National Assembly: respectively six members of the Judges' College and five members of the Prosecutors' College.
This is the 8th composition of the SJC and at their first meeting, on the 3rd of October 2017, the new members of the SJC elected the new Representative of the Council – Mr Boyan Magadalinchev, who until his election as SJC Member served as Vice-president of the Supreme Administrative Court. The Minister of Justice is not a member of the SJC but chairs the Council’s weekly meetings.

The new members of the Bulgarian Supreme Judicial Council (SJC) took their oaths of office on the 3rd of October 2017 in a ceremony at the Palace of Justice in Sofia. The 22 new members who were elected by the magistrates (judges, prosecutors and investigators) and the Parliament will serve a five-year term, in addition to the three ex-officio members of the Council – the heads of the Supreme Court of Cassation and the Supreme Administrative Court and the Prosecutor General. 

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ENCJ Executive Board´s opinion on the Presidential draft Act of Poland PDF Print E-mail
The ENCJ has received a request for cooperation from the National Judicial Council of Poland (Krajowa Rada Sądownictwa - KRS). The KRS has turned to the Executive Board of ENCJ to be advised on the compatibility of the Presidential draft Act on the National Council of the Judiciary of Poland with European standards including, in particular, the independence of the judiciary and the status of councils for the judiciary.
The ENCJ, in principle, does not give opinions on draft legislation, but it will set out the generally applicable ENCJ principles. Taking  this into account the Executive Board (the ‘Board’) puts forward the following observations and comments.

On 3rd October 2017 the ENCJ has received a request for cooperation from the National Judicial Council of Poland (Krajowa Rada Sądownictwa - KRS). The KRS has turned to the Executive Board of ENCJ to be advised on the compatibility of the Presidential draft Act on the National Council of the Judiciary of Poland with European standards including, in particular, the independence of the judiciary and the status of councils for the judiciary.The ENCJ, in principle, does not give opinions on draft legislation, but it has set out the generally applicable ENCJ principles in the Executive Board opinion of 13 October 2017. The Board in its final remarks states that it feels that the Presidential draft Act does not alleviate the concerns which it has previously expressed concerning planned judicial reforms in Poland. 

Presidential draft Act on the law of the National Judicial Council of Poland

Opinion of the ENCJ Executive Board of 13 October 2017

Opinion of the ENCJ Executive Board of 17 July 2017

Opinion of the ENCJ Executive Board of 30 January 2017

 
ENCJ President receives medal from the Polish National Council for the Judiciary PDF Print E-mail

On the 28th of September the Polish Judiciary celebrated 100 years of Independent Judiciary. In a special ceremony Ms Nuria Díaz Abad, President of the ENCJ, was awarded a medal of the National Council of the Judicial of Poland “ Meritorious for Justice – Bene Merentibus Iustitiae” for her work on behalf of the ENCJ promoting and defending an independent and accountable judiciary for the benefit of all in Poland and elsewhere in Europe. The President of the CCJE, Mr Nils Engstad, was awarded the same medal. 

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Public consultation on electronic evidence PDF Print E-mail
The European Commission has recently published a public consultation with an aim to collect current practices in cross-border electronic evidence in the Member States. This is the link to the relevant page.
The objective of the Commission is to gather input from a broad range of interested stakeholders, including public authorities, judges and. The questionnaire (attached, but it is better to fill it in online)  can be filled in by judicial authorities and/or individual judges and prosecutors. Please disseminate among the relevant stakeholders in your judiciary.
The public consultation is open till 27 October 2017.

The European Commission has recently published a public consultation with an aim to collect current practices in cross-border electronic evidence in the Member States. This is the link to the relevant page. 
The objective of the Commission is to gather input from a broad range of interested stakeholders, including public authorities, judges, prosecutors, international organisations, private companies, professional and business associations, civil society, academics and the general public. 

The public consultation is open till 27 October 2017.

 
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ENCJ News
05/04/2016 > CCJE and the CCPE publish report on the challenges for judicial impartiality and independence in Council of Europe member States
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Report from the CCJE and the CCPE on the main challenges for judicial impartiality and independence in Council of Europe member States The Bureaus of the Consultative Council of European Judges (CCJE [ ... ]


New on the website

ENCJ Executive Board´s statement on the latest draft law on the Judicial Council of Poland

The ENCJ Executive Board is greatly dismayed to learn that the Polish Parliamentary Justice Committee has adopted a number of far-reaching amendments to the law on the National Judicial Council of Poland (Krajowa Rada Sądownictwa – the...

New members of the SJC of Bulgaria

The new members of the Bulgarian Supreme Judicial Council (SJC) took their oaths of office on the 3rd of October 2017 in a ceremony at the Palace of Justice in Sofia. The 22 new members who were elected by the magistrates (judges, prosecutors...

ENCJ Executive Board´s opinion on the Presidential draft Act of Poland

The ENCJ has received a request for cooperation from the National Judicial Council of Poland (Krajowa Rada Sądownictwa - KRS). The KRS has turned to the Executive Board of ENCJ to be advised on the compatibility of the Presidential draft Act...

ENCJ President receives medal from the Polish National Council for the Judiciary

On the 28th of September the Polish Judiciary celebrated 100 years of Independent Judiciary. In a special ceremony Ms Nuria Díaz Abad, President of the ENCJ, was awarded a medal of the National Council of the Judicial of Poland “...

Public consultation on electronic evidence

The European Commission has recently published a public consultation with an aim to collect current practices in cross-border electronic evidence in the Member States. This is the link to the relevant page. The objective of the Commission is...

Statement by the Executive Board of the ENCJ on Poland - 17 July 2017

The Executive Board of the ENCJ is greatly dismayed to learn that both the lower and the upper house of the Polish Parliament last week approved two reforms which have been the subject of trenchant criticism over the past year. Furthermore,...

ENCJ President speaks in the European Parliament

On 22 June 2017 the President of the ENCJ was invited to address the LIBE meeting with the national parliaments of the Member States on the EU Mechanism on Democracy, Rule of Law and Fundamental Rights. In her speech she reflected on the role...

ENCJ report Alternative Dispute Resolution and the Judicial Domain

In 2016-2017 the ENCJ studies the issue of Alternative Dispute Resolution and the Judicial Domain. The idea for the Project resulted from the fact that there are a number of ongoing changes to the ways in which civil, family and even some...
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