Skopje, 3 January 2024 (MIA) – The Judicial Council has failed to elaborate on any reasons underpinning the decision to dismiss its former President Vesna Dameva, failed to state the evidence based on which the factual situation has been established, particularly the facts that point to the adoption of the decision to dismiss her, reads the Administrative Court's ruling. 

The ruling on the annulment of the decision to dismiss Dameva, which the Administrative Court published on Wednesday, says that in reviewing the challenged decision, the Court found that it was unlawful due to violation of the rules of the procedure, i.e. due to the fact that the challenged decision "contains such essential flaws that prevent the evaluation of the legality of the act".

The Administrative Court points out that the Judicial Council President, as a member of the Council with the right to vote, has equal rights and obligations as the other members, and therefore equal responsibility. The ruling adds that the Council decides on the disciplinary liability of a member of the Council, but nowhere it is stated that it has the authority to decide on a vote of no confidence against the President of the Council, nor on dismissal from the position of President of the Council, without previously conducting disciplinary proceedings.

The Court adds that in repeating the procedure, the Judicial Council should take into account the indications given by the Court, and after a legal procedure has been carried out, it should pass a reasoned and legal decision within the framework of its competences, with reference to specific legal provisions. 

Former Judicial Council President Dameva was dismissed last spring upon proposal of Vice-President Selim Ademi. After the dismissal, she filed a lawsuit to the Administrative Court.   

Dameva’s dismissal caused a slew of reactions in the public and among experts from the judiciary, who said that the rules of procedure were not respected during her dismissal. In addition, the EU deployed a peer review mission that came out with 40 recommendations on the functioning of the Judicial Council. 

The Judicial Council is currently in a working meeting over the ruling of the Administrative Court, by which the decision to dismiss the former Judicial Council President has been annulled.

Photo: MIA archive