The Supreme Judicial Council (SJC) will elect judges! Yes, now there are days off, and immediately after them there is a meeting of the SJC. The agenda is down, everything is ready. But do you remember how the candidates in the committees were determined? Surely – no, but we will remind you.
The agenda of the SJC now reads that on the basis of Art. 33, para. 1 of the Law on the Judiciary, a meeting of the Judicial College of the Supreme Judicial Council is convened on September 24, 2024 at 9:30 a.m. in the meeting room in the building of the Supreme Judicial Council, with the following agenda (total of 18 points for consideration), but we will stop of one:
CERTIFICATION AND COMPETITIONS
6. Reasoned proposal, on the basis of Art. 193, para. 2 of the ZSV, for the promotion of ranked candidates for 18 positions “judge” in the Courts of Appeal – commercial department, according to the announced competition with the decision of the Judicial College of the Supreme Judicial Council under protocol No. 31/26.07.2022, (promulgated in SG No. 61/02.08.2022).
Submitted by: The Committee on Attestation and Competitions
In FACTS, we already wrote about the topic and asked the question, is there a significant procedural violation in the appointment of the Competition Commission at the Supreme Court?
Once there is a contest, it is good to know who is participating in it and how. This is precisely the question that many judges, participants in the procedure for selecting judges in the Commercial College of Appeal Courts, are asking themselves. Why? It is about Associate Professor Dr. Vencislav Petrov, who does NOT have a scientific specialty in commercial law, but he is in the COMMISSION. What reasoned decisions will the commission make and issue then, since there is a person in it who does not have a scientific specialty in commercial law and a habilitation in this scientific discipline? The simple questions in this case are – is the commission legitimate, are its decisions legal, did anyone know this.
Associate Professor Dr. Vencislav Petrov is a specialist only in family and inheritance law and can only assess candidates for promotion in civil law. Associate Professor Dr. Vencislav Petrov has never taught commercial law and has not written publications on commercial law. How does it rate then? Based on what…
In Art. 189, para. 5 of the Civil Procedure Code provides for an imperative requirement for the competition committee to appoint a qualified scholar of legal sciences in the relevant subject, who has the academic position of docent or professor.
Assoc. Dr. Vencislav Petrov is a habilitated scholar of legal sciences with the academic position of associate professor, but not in the relevant subject - commercial law, but in civil law.
And here lawyers ask themselves - why are the other members of the competition committee not from the Civil College of the Supreme Court, but from the Commercial College?
Specialists in the judicial circles also comment that there are similar inconsistencies in the competition for the appointment of judges in the criminal panels of the appeal courts…
In item 6 of the agenda, we read that motivated proposals will be presented to the SJC, on the basis of Art. 193, para. 2 of the ZSV.
This is what it says:
Art. 193. (Amended - SG No. 1 of 2011, in force from 04.01.2011) (1) (Amended - SG No. 28 of 2016) The results of the ranking of the candidates together with all the competition documentation and the opinion of the Committee on Professional Ethics of the relevant college shall be submitted to the Committee on Attestation and Competitions of the relevant college.
(2) (Amend. - SG No. 28 of 2016) The Committee on Attestation and Competitions of the relevant collegium submits to the relevant collegium of the Supreme Judicial Council a motivated proposal for the promotion or transfer of the candidates ranked first for the positions in the relevant bodies of the judiciary.
(p.s. – what motion does he make after there is a committee member who does not meet the criteria???)
(3) (Supplement - SG No. 28 of 2016) The relevant collegium of the High Judicial Council adopts a decision on the promotion or transfer of a judge, prosecutor or investigator according to the ranking order until the positions are filled.
(4) (Supplement - SG No. 28 of 2016) When adopting the decision under para. 3 the relevant collegium of the Supreme Judicial Council checks whether the candidate ranked first meets the requirements for internship under Art. 164, as well as whether he possesses the necessary professional and moral qualities.
(5) (Supplement - SG No. 28 of 2016) The relevant collegium of the Supreme Judicial Council by decision refuses to appoint a candidate whom it has determined does not meet the requirements under Art. 162 and 164. In this case, the next ranked candidate who meets the requirements is appointed.
(6) (New - SG No. 62 of 2016, in force from 09.08.2016) Within 9 months from the end of the previous competition procedure with a decision of the relevant collegium of the High Judicial Council and in the presence of an exempted position in a body of judicial power, the relevant collegium of the Supreme Judicial Council adopts a decision to appoint the next in line candidate in the competition for promotion or for transfer, who received a final grade in the competition procedure, not lower than very good "5.00" .
(7) (New - SG No. 11 of 2020) The term under para. 6 begins to run from the date of adoption of the first decision of the relevant collegium of the Supreme Judicial Council, with which, in accordance with para. 3 the ranked candidates are promoted or transferred, regardless of subsequent cancellation of the same on appeal.
(8) (Supp. - SG No. 28 of 2016, previous para. 6, Supp. - SG No. 62 of 2016, in force from 09.08.2016, previous para. 7 - SG , No. 11 of 2020) The decision of the relevant panel of the High Judicial Council under para. 5 and 6 may be appealed under the conditions and in accordance with Art. 187.
It is interesting how and if this issue will be raised before the SJC, but we are still talking about promotions - right…