Table 1
Comparison of Judicial Councils in East-Central Europe (Attila Badó, 2021.)
| QUESTIONS | HUNGARY | POLAND | ROMANIA | CROATIA | SLOVENIA | SERBIA | SLOVAKIA | CZECH REPUBLIC |
|---|---|---|---|---|---|---|---|---|
| Is there Judicial Council responsible for judicial administration? | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ | No (only with consultative role) |
| Type of administration | Administration by Council and Judicial Office | Council + Executive | Council + Executive | Council + Executive | Council + Executive (Parliament has special role in appointing judges) | Council + Executive | Council | Executive |
| Total number of members | 15 | 25 | 19 | 11 | 11 | 11 | 18 | X |
| Is there a possibility to be renewed as a member? | No | Yes. but no more than twice | No | Yes. but no more than twice | Yes. but not right after the former term | No | Yes. but not more than for 2 subseqent terms | X |
| Make up | 1 - President of the Curia - delegated; 1 - judge from a Regional Court of Appeal; 5 judges from Regional Courts; 7 judges from District Courts; 1 judge from and Administrative and Labour Court The other 14 judge members are elected by- secret ballot with a simple majority. | 15 judges elected by their peers; 1 representative of the President of Poland; 1 - the Minister of Justice; 6 members of Parliament; 1 - the President of the Supreme Court; 1 - the President of the Supreme Administrative Court | 14 magistrates (9 judges and 5 prosecutors) - elected by the general assemblies of magistrates; 2 lay members (elected by the Senate); 3 ex officio members (the President of the High Court of Cassation and Justice, the minister of justice, the general prosecutor of the Prosecutor’s Office) | 2 judges of the Supreme Court; 2 county court judges; 2 municipal court judges; 1 judge of the specialised court; 2 university professors of law; 2 members of Parliament - one of them from the opposition | 6 judges - elected by their peers; 5 members elected by Parliament on the proposal of the President of the republic | 1 - President of the Supreme Court of Cassation; 6 judges elected by their peers; 4 eminent lawyers nominated by Parliament | 9 judges - elected by their peers; 3 members - elected by the Parliament; 3 members - appointed by the President; 3 members - appointed by the Government | X |
| Is there a majority of judges? | Yes | Yes (15 out of 25) | Yes (10 out of 19) | Yes (7 out of 11) | Yes (6 out of 11) | Yes (7 out of 11) | By law. at least 50% | X |
| Is ultimately responsible for judicial appointment? | No - makes proposal to the President of the Republic | No - makes proposal to the President of the Republic | No - makes proposal to the President of the Republic | Yes | No - makes recommendation to Parliament | Yes | Yes | X |
| Is ultimately responsible for removing judges? | No (Judicial Office proposes for the President of the republic) | No (Disciplinary chamber at the Cassation Court of Poland) | No (Appeal before the High Court of Cassation is possible) | Yes | No - makes recommendation to Parliament | No (appeal to constitutional court is permitted) | Yes | X |
| Main competences | • Gives opinion on the candidates of the President of the National Judicial Office and that of the Curia. • Decides in the question of a renewed nomination of a President or a deputy President of the regional court of appeal, the tribunal, the • administrative and labour court, and the local court. • Nominates the President and the members of the official court. • Coordinates Judicial training | • Consideration and evaluation of candidates to serve offices of judges and submission to the President of the Republic of Poland of motions for appointment of judges of the Supreme Court, the Supreme Administrative Court, common courts, provincial administrative courts and military courts; • adoption of a catalogue of professional ethical rules of judges and monitoring of their observation. | • Appointment into leading positions, transfer, secondment, proposals for appointment into and the release from the leading positions within the High Court of Cassation and Justice, advice on the proposal of the minister of justice for the appointment into and release from leading positions within the Prosecutor’s Office by the High Court of Cassation and Justice). • Coordinates Judicial training | • Appoints judges; • Appoints and dismisses of court Presidents; • Decides on the immunity of judges; • Reassess judges; • Conducts disciplinary- proceedings and deciding on the disciplinary- liability of judges; • Decides on the dismissal of judges; • Decides on the transfer of judges; • Participates in the training and professional development • of judges and court staff | • Appoints judges based on opinion of the responsible person within the institution where the judge will be appointed; • Appoints and dismisses Presidents of courts (except for the President of the supreme Court of Republic of Slovenia); • Decides on promotion to higher judicial positions and on faster promotion within wage grades; • Decides on the incompatibility of judicial office | • Appoints, selects judges, court presidents; • Decides on the dismissal of judges • pass the Code of Ethics • determine the number of judges and lay judges for each court; • perform affairs of the judicial administration within its remit; • rule on issues of immunity of judges and Members of the Council | • Adopts opinion on adequacy- of candidates; • Presents candidates for appointment and proposals to recall judges to the President; • Decides on assignment and transfer of judges; • Presents candidates to the Government who should act on behalf the country within international judicial bodies; Judicial traning - determine the subject matters of judicial education, propose members of the pedagogical staff and examination committees | X |