"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 57: Preliminary verification of fulfilment of legal requirements by the Civil Society Commission attached to the People’s Advocate

1The Civil Society Commission for the preliminary verification verifies whether the candidates of the civil society for members of the High Judicial Council meet the legal conditions and criteria, in accordance with the legal provisions of Article 54 of this law.

2The Civil Society Commission, upon the completion of the preliminary verification procedure, shall officially announce the names of candidates who meet the legal requirements and criteria, to be members of the High Judicial Council on the official website of the Ombudsman and Assembly. The civil society commission shall communicate individually to the candidates the outcome of the verification of meeting or not meeting the legal conditions, as well as the causes for their exemption.

3Appeals against decisions of exclusion of the candidates only for serious procedural violations shall be addressed to the Appeal Administrative Court no later than 5 days form the day of the announcement of the contested decision. The Administrative Court of Appeal decides within 7 days since the day of the submission of complaints. Its decisions are final and binding. The appeal does not suspends the development of the preliminary evaluation and preliminary verification conducted by the Commission of the Civil Society according to this article.

4The Commission of the Civil Society conducts the preliminary verification of the professional and moral criteria according the provisions of the article 34 of this law. The civil society commission shall organise a public hearing with each of the candidates meeting the legal formal criteria. The candidates shall, in the course of public hearing, display their platform. The process of public hearings is open to the media for all the other observers expressing an interest to follow the process.

5Members of the civil society commission shall vote individually and secretly on the ranking of candidates.

6The civil society commission shall carry out its activity collegially, according to the rules and procedures provided for in the legislation on the organisation and functioning of the collegial bodies, as long as it has not been provide for differently in the law.

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