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

Article 62: Standing Committees of the High Judicial Council

1The standing committees of the High Judicial Council exercise the activity and make decisions in their respective fields provided for in paragraph 3 of this Article or propose to the plenary meeting of the Council, the approval of decisions that are within the competence of the latter, in accordance with Article 61 of this Law.

2After electing the Chairperson, the Council shall take a decision on the composition of the standing committees, including the substitute members. In each case, a judge member can only be substituted by another judge member. A lay member can only be substituted by another lay member. More detailed procedures and criteria for this decision are regulated by the Council.

3The High Judicial Council is composed of the standing committees as follows:

aStrategic Planning, Administration and Budget Committee;

bDisciplinary Committee;

cCommittee of Ethical and Professional Performance Evaluation;

çCareer Development Committee.

4Each Committee shall consist of three members. Two substitute members shall be appointed to each Committee. The assignment of members and substitute members of the committees shall be made by keeping in mind the need to ensure a fair division of the workload and the respect for the requirements and relationship between judge members and lay members provided for in paragraphs 5 to 12 of this Article and, to the possible extent, the preferences of the members;

5A member of the Council may be a member in no more than two standing committees. A member of the Council may not be a chairperson in more than one standing committee. This rule shall not apply to the substitute members and to the ad hoc committees;

6The committees elect their respective chairpersons in their first meeting by majority vote and based on the proposal of the Chairperson of the Council. The Chairperson of the Council shall be the chairperson of the committees he/she is part of.

7Members of the Committee of Ethical and Professional Performance Evaluation may not be members of the Career Development Committee.

8The Strategic Planning, Administration and Budget Committee shall consist of two lay members and one judge member.

9The Disciplinary Committee shall consist of two judge members and one non- judge member.

10The Committee of Ethical and Professional Performance Evaluation shall consist of two judge members and one non-judge member.

11The Career Development Committee shall consist of two judge members and one non-judge member.

12Committee members shall perform their functions attached to the committees for two years and a half from the date of the election. At the end of this period, the composition of committees shall be renewed in accordance with the procedure provided for in paragraph 2 of this Article.

13An ad hoc committee consisting of two lay members and one judge member shall be set up to consider the complaints against decisions of the High Justice Inspector to archive the complaint or close the investigation against a judge. The composition of the committee is determined by lot under the auspices of the Chairperson of the Council. The decisions of the standing committee are final and may not be appealed before the Plenary Meeting of the Council.

14The High Judicial Council may establish ad hoc committees to address specific matters.

15Committees shall decide by a majority of votes in the presence of all members.

16Within January of each calendar year, each standing committee shall present in the plenary meeting of the Council, an annual report on its activities with the findings and relevant recommendations. The report shall be published on the official website of the Council.

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