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Working-group on issues concerning the promotion/dismissal of magistrates and revocation from leading offices



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4.1. Working-group on issues concerning the promotion/dismissal of magistrates and revocation from leading offices

Workshop A: Analysis of the regulatory framework relating to promoting magistrates to higher office and leading positions, dismissing magistrates for other than disciplinary reasons and revoking magistrates from leading positions
The working-group started its activity on June 22nd, 2006 and will meet on a fortnightly basis for a period of 9 months. It will finish activity by presenting a final report on the findings and results of its activity.



  • 4.1. Analysis of the regulatory framework relating to promoting magistrates to higher office and leading positions, dismissing magistrates for other than disciplinary reasons and revoking magistrates from leading positions

MS Experts:

    • Jean-Marie Siscot, Belgium

    • Maria Grazia Benedetti, Italy

    • Werner Richter, Germany

BC participants: 25

Members of the working group on promotion issues, members of the SCM, Inspectors from Judicial Inspection attached to the Plenum of the SCM, members of the Human Resources Department of the SCM, judges and prosecutors.

Duration: 5 – 6.03.2007

  • 4.2. Seminar: How to achieve best choice and fair competition in the process of promoting magistrates to higher office and leading positions – criteria and procedures in a comparative law perspective

MS Experts:

  • Werner Richter, Germany

  • Gualtiero Michelini, Italy

  • Peter Lampe, the Netherlands

BC participants: 30

Members of the SCM, Secretary General, judges and prosecutors, Director, Deputy Director and staff of the Human Resources Department of the SCM, judges and prosecutors inspectors of the Judicial Inspection attached to the Plenum of the Council, leading and other staff of the European Integration and International Relations Department of the SCM, presidents of courts and heads of prosecutor’s offices, judges and prosecutors, representatives of the National Institute of the Magistracy, representatives of training agencies.

Duration: 18.05. – 19.05.2006
(For further details, please see the Report in Annex 5, 1st Quarterly Report)

4.3 The concept of “inamovibility” of judges and of “stability” of prosecutors and the dismissal or revocation for other than disciplinary reasons – law, criteria and procedures in a comparative law perspective

  • MS Experts:

BC participants: 25

Members of the SCM, Presidents of courts and Prosecutors general, judges and prosecutors from HCCJ and from different courts and prosecutor’s offices, inspectors from the Judicial Inspection.

Duration: 17.09.2007

WORKING AREA I
COMPONENT 5
FOSTERING THE CAPACITY OF THE SCM AS GUARANTOR OF THE INDEPENDENCE OF JUSTICE




  • 5.1 seminar Separation of powers, checks and balances - what do they hold for Justice?

MS Experts

    • Dr. Guenter Hirsch, Germany

    • Christiane Berkani, France

BC participants: 70

High representatives of judicial institutions from Albania, Bosnia and Herzegovina, Bulgaria, Croatia, France, Germany, Macedonia, Moldavia, Montenegro and Serbia, members of the SCM, Presidents and Prosecutors General from all 15 courts of appeal, judges and prosecutors, President of the HCCJ, President of the Constitutional Court Minister of Justice, representative of the Presidency of Romania, chairmen of the legal commissions of the Chambers of Deputies and Senate, the Ombudsman, representatives of the Bar Association, President of the Union of Lawyers, Secretary General and Deputy Secretary General of the SCM.

Duration: 15 – 16.11.2007


  • 5.2 seminar Judicial Independence – in what ways can it be compromised and how best can it be protected?

MS Experts

    • Ulrich Joeres, Germany

    • Christiane Berkani, France

BC participants: 16

Judges and prosecutors from different courts of appeal districts

Duration: 25.10.2007

  • 5.3. Seminar: Protecting objectivity and impartiality in public prosecution

MS Experts:

  • Marco Pivetti, Italy

  • Karl Bruno Kaefer, Germany

  • Ian Welch, United Kingdom

BC participants: 42

Vice-president of the SCM, members of the Council, prosecutors, Head and prosecutor inspectors of the Judicial Inspection attached to the Plenum of the SCM.

Duration: 26.06. – 27.06.2006
(For further details, please see the Report in Annex 6, 1st Quarterly Report)


MS Expert

    • Rainer Voss, Germany

BC participants: 30 in each of the three workshops

Judges and prosecutors from the courts and prosecutors offices within the 15 courts of appeal districts, Head of the Judicial Inspection, members of the Judicial Inspection, staff members of the Legislation Department of the SCM, representatives of magistrates associations, Country Director of ABA CEELI

Duration: 27, 28 and 29.06.2007


  • 5.5 2nd workshop The Protection of the Professional reputation of magistrates

MS Experts

    • Rainer Voss, Germany

    • Bruno Blanc, France

BC participants: 20 in each of the two workshops

Judges and prosecutors from the courts of appeal districts of Alba Iulia, Craiova, Timisoara, Cluj, Targu Mures and Oradea, members of the Judicial Inspection attached to the Plenum of the SCM.

Duration: 22 – 23.10.2007

WORKING AREA NO II: FOSTERING THE ROLE OF THE SUPERIOR COUNCIL OF THE MAGISTRACY AS COORDINATOR OF THE NATIONAL INSTITUTE FOR MAGISTRACY AND OF THE NATIONAL SCHOOL FOR CLERKS


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