Skopje, 12 December 2023 (MIA) - The report of the EU peer review mission on the functioning of the Judicial Council contains 40 recommendations grouped in six segments - structure and competence, members' terms, process for selection and election of judges, disciplinary proceedings, transparency and communication with public, resources and financing.

The peer review mission told a briefing in the EU Delegation that the current challenges in the functioning of the Judicial Council result from accumulated problems that were not addressed in a timely and systemic manner.

The mission notes that the judicial system is at a critical point and urgent action is required, adding that no matter how good the recommendations, they will be worthless if not implemented through political will and based on the principle of integrity, accountability and transparency.

Seventeen recommendations relate to the practice and operations of the Judicial Council and can be implemented without any legislative changes. Seven refer to transparency and ten to the election and promotion of judges, which is a key function of the Council.

"It would be a revolution if the Council implements the 17 recommendations over the next few months. The remaining recommendations require legislative or constitutional changes, but there is no need to delay these, considering the timeframe of elections," said EU Ambassador David Geer.

The other recommendations relate to who can be elected Council member, the term duration, definition of "renowned jurist", a framework on the manner and procedure to dismiss a Council chair, responsibility of Council members, as well as elaboration of the procedure and decision on sanctioning of judges.

The report has already been shared with the authorities and will not be released in public. It incorporates 40 short-term and long-term recommendations, including those that require amendments to laws and the constitution, leading to improvement of the Council's operations, transparency and budget autonomy. It is a roadmap that no government can neglect.

"We expect the incorporation of these recommendations in all policies related to the Judicial Council and judicial reforms, including the Strategy on Judicial Reforms 2023-2027. EU expects this to be the main priority of all future reforms, since it represents the foundation of the rule of law and integrity of the judiciary," said the EU Delegation.

The EU peer review mission, comprised of three experts from Croatia, Belgium and Italy, stayed in the country in the course of September, conducting an analysis of the legal framework and meeting with all relevant institutions and experts from the non-governmental sector.

Photo: MIA archive