During the Project implementation, the legal framework for
the work of the High Judicial Council (HJC) was comprehensively analysed, as
well as the practice of the HJC itself and its permanent bodies. In this
regard, the opportunities were identified for improving the text of the Rules
of Procedure. Changes to the provisions of the legal framework are necessary
for some proposals, while it is not the case with others. Grammatical and
technical changes are possible now, without changing the legal
framework.
With this regard, among other, the Project experts also recommended that not only political impact on a judge should be the subject-matter regulated by the HJC Rulebook, but also any other kind of improper influence on a judge.
In addition, the Project recommended that court presidents should also be entitled to address to the HJC in the event of improper impact they are exposed to, as currently they may use this regulatory mechanism only in their capacities of judges, not as court presidents, which is not the same as the scope of work of these two positions is different.
The Project also recommended that all extraordinary reasons for the HJC’s urgent acting should be regulated in the unified way.
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