In today’s Governmental session the Draft Laws on Changes and Amendments in the RA Judicial Code and the RA Administrative procedure Code were approved.
Acting Minister of Justice Hrayr Tovmasyan mentioned that it regulates a number of issues, which were included in the Strategic Program for Judicial Reforms 2012-2016, which was approved by the President of the RA. He mentioned some of them.
“Develop objective criteria for the evaluation of judges, which has been done in this draft, the application of best international practices was taken as grounds for that. It was ordered to America group to carry out analysis as well as the draft elaborated for Moldova by ODIHR. The draft in this part was sent to the Venice Commission and based on their opinion the project was completely processed. Introduction of this system will stimulate the judges to analyze and to point the ways to raise the level of effectively and create opportunity for selection and promotion of the best judges,” Hrayr Tovmasyan said.
The second issue, which is designed to regulate is the disciplinary procedures.
“Legislation does not completely define the “obviously rough” concept, though the legislator originally intended that the Council of Justice will answer these questions, however in legal practice we were facing problems with interpretation of this concept.” The Acting Minister believes that the draft outlines what this represents.
The third issue of the theme refers to the terms. Under the current regulations we may face a situation where a disciplinary action was instituted in the Council of Justice; however the consideration of the case is still in process in the Appellate of Cassation courts.
The Minister mentioned that in contrast to the current situation, the sessions of the Council of Justice will be open and will be held close-door only by solicitation of the judge.
Hrayr Tovmasyan also mentioned that passage of this bill as the basis of the agreement signed with the European Union, to receive the last tranche of 7,5 million EURO under “Budget Support” program. He noted that the approval of the draft was behind the schedule due to the fact of sending it to Venice Commission, and asked to consider adoption of the draft as soon as possible and sent it to the National Assembly in the established order.
