composition of high council for judiciary in europe

8/9/2019 Composition of High Council for Judiciary in Europe

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1

1982 Constitution (High Council of Judges and Prosecutors)

(7 Regular , 5 Substitute Members)

Minister of JusticePresident

3 regular, 3 substitute

members electedby the plenary of the

Court of Cassation

2 regular, 2substitute members

electedby the plenary of

theCouncil of State

Undersecretary of theMinistry of Justice

(Ex-officio)


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2

France (18 Members)

President of the

RepublicPresident

Minister of JusticeVice President

6 judges and6 prosecutors

elected by their colleagues

1 member of the

Council of Stateelected by thePlenary

3 distinguishedcitizens elected

by the Presidentof the Republic, the

president of theSenate and the

Speaker of the Parliament


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3

Italy (27 Members)President of the

RepublicPresident

(Symbolic)

Chief Justiceand the Attorney General

of the Court of Cassation(Ex-officio)

16 judges and prosecutorselected by their colleagues

(2 from the Court

of Cassation and14 from the firstinstance courts)

8 members electedby the 3/5 of the

majority of the Parliamentamongst the lawyers

and jurists


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4

Spain (21 Members)

Chief Justice of theCourt of Cassation

12 judges assignedby the King amongst

the candidates nominatedby the Congress and

the Senate

8 lawyers and juristsassigned by the King

amongst the candidatesnominated by the Congress

and the Senate


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5

Poland (25 Members)

The Presidentis elected bythe Plenary

Minister of JusticeChief Justice of the Court

of CassationChief Justice of the

Supreme AdministrativeCourt

(Ex-officio)

15 judges-prosecutors

elected by their colleagues

4 members of theparliament

elected by its plenary,4 members of the Senate

elected by its plenary,1 member assigned by the

President of theRepublic


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6

Portugal (17 Members)

Chief Justice

of the Court of CassationPresident

Member of theCourt of CassationDeputy Chief Justice

6 judges elected bytheir colleagues(2 from the Courts of Appeal,

4 from the firstinstance courts)

2 members assignedby the President of the Republic and 7

members by the Parliament(9 lay members)


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The Netherlands (5 Members)

PresidentAmongst the

Council Members

3 judge membersassigned by the King

upon the proposalof the Minister of Justice

2 members from bureaucracy(among the graduates

of economy,business management etc.)assigned by the King upon

the proposal of theMinister of Justice


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8

Sweden (11 Members)

Director Generalassigned by theGovernment

President

4 judge

membersassigned by the

government

2 members of

parliamentassigned by the

government

1 lawyer

assigned bythegovernment

2 syndicatemembers

assigned by thegovernment

(professionalunions)

1 governorshipofficial

assignedby the

government


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The Principles Designated in theJudicial Reform Strategy

Broad BasedRepresentation

Principle

Effective Appeal

Procedure Againstits Decisions

Objectiveness,

Transparency,Impartiality

Formation of severalchambers and plenaryIntroduction of judicialremedy againstdisciplinarysanctions

Constitutional CourtCourt of CassationCouncil of StateRepresentation of first instance and appealcourts judges andprosecutorsSelection amongstlay members

Access to decisions by

protecting personal dataSelection amongst laymembersPresiding of theMinister of Justicesolely to the plenary


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Consolidated Formation of the HCJP (22 Members)

Minister of JusticePresident

5 members electedby the high courts

(3 from theCourt of Cassation

and2 from the Council

of State)

10 memberselected

amongstfirst class

judges andpublic prosecutors

1 member electedby the

Turkey JusticeAcademy

4 membersassigned by the

President of the Republic

Undersecretaryof the Minister of

Justice


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11

President of the HCJP

Ex-officio member

President of the Republic(4 regular)

Turkey Justice Academy (1 regular, 1 substitute )

Court of Cassation(3 regular, 3 substitute)

Council of State(2 regular, 2 substitute)

First class general courts(7 regular, 4 substitute)

First class administrative courts (3 regular,2 substitute)

Minister of Justice

Undersecretary of the Ministry of Justice

Amongst high ranking bureaucrats,jurists,academicians and lawyers

Amongst the members of the PlenarySession of the Justice Academy

Amongst the members of the Court of Cassation by its Plenary Session

Amongst the members of the Council of State by its Plenary Session

By the judges and prosecutors of all general

courts amongst first class judges andprosecutors of those courts

By the judges and prosecutors of alladministrative courts amongst first classjudges and prosecutors of those courts


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12

President

Plenary

First Chamber 7

Second Chamber 7

Third Chamber 7

Appointment

Transfer AuthorizationOther tasks

InspectionGranting permission

for investigation

Promotion

Discipline


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1961 Constitution (High Council of Judges) (18 Regular, 5 Substitute Members)

President is electedby the Plenary

6 regular and 2substitute members

amongst the plenaryof the Courtof Cassation

6 regular and 1substitute

members amongstfirst class judges

3 regular and 1substitute membersselected by TGNA

amongst the highcourt members or those bearing theprerequisites of

candidacy

3 regular and 1substitute members

selected by the Senate of the Republic amongst

the high courtmembers or

those bearing theprerequisites of

candidacy


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1971 Amendment (High Council of Judges) (11 Regular, 3 Substitute Members)

PresidentElected amongst the members

of the Plenary.(Minister of Justice presides

the Council andvotes if he requests so)

All members

Elected by the plenaryof the Court of Cassation.

composition of high council for judiciary in europe

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