Reasons for postponement of cases consideration during interviews with the judge
On March 23, 2018, the Panels of the HQCJU have taken the decision on postponement of cases consideration concerning judges, who participate in the qualification assessment procedure for compliance with the position of a judge.
The Public Integrity Council has sent materials called “Opinion” concerning abovementioned judges, which contain, in particular, the following deficiencies:
- the submitted materials do not comply with the subparagraph 4.10.1 of the HQCJU Regulations because they are filed in violation of the established deadline, in particular, less than 10 working days prior to the interview date (the Regulations provides that the information or opinion is to be submitted not later than 10 working days prior);
- the submitted materials do not comply with subparagraph 4.10.3 of the HQCJU Regulations because they do not contain the signatures of all members of the Public Integrity Council who participated in the decision taking on submission to the Commission the respective opinion.
Also, some materials do not contain information on the judge’s clarifications, refusal to submit them, reasons and grounds for their inclusion or rejection, possibility of a judge to get acquainted with the information.
Furthermore, the extract from the meeting minutes of the Public Integrity Council members, indicating the results of the votes is not signed by the PIC members and is non-personified, since it does not contain the name of the judge against whom the decision on opinion submission has been taken.
To the separate opinions the extract from the meeting minutes has not been submitted at all.
Taking into account the first experience of conducting an assessment for compliance with the position of a judge, the HQCJU proposes to the PIC to eliminate such deficiencies within 10 working days and bring the submitted materials in accordance with the rules of the Commission’s Regulations.
The Commission draws the attention of the PIC that in accordance with the subparagraphs 4.10.1 and 4.10.3 of the HQCJU Regulations, in the case of non-fulfilment of mentioned requirements by the Public Integrity Council, the Commission within Panel composition can take the decision on leaving such information or opinion without consideration.
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