The Legal Status of the Judicial Council of Montenegro as One of the Determinants of the Process of Accession to the European Union: A Theoretical and Legal Analysis

The systems of guarantees of judicial independence in Russia are enshrined in the Constitution and in federal laws in general, and are in accordance with international and European standards. The organization and functioning of judicial power in Russia is predominantly determined by the transitional state of the economic, political and legal systems. The guarantees of judges' independence are connected to a great extent with the issues involved in the functioning of the judiciary of the Russian Federation and judges' legal liability. The qualifying boards of judges play a fairly large role in Russian disciplinary proceedings. Only they hear disciplinary cases and make decisions about bringing disciplinary proceedings against judges. It is evident that there is a need for definite legal procedures enabling to detect and record gross judicial errors and where necessary to start procedures for bringing to disciplinary liability the judges who have made them. Keywords: disciplinary liability; judicial independence; Russia; Russian disciplinary proceedings; Russian Federation

In many countries of Europe, including especially its Eastern part, in the 21st century judicial councils have replaced ministries of justice as the bodies that manage judicial careers and govern the judiciary. This model may enhance the autonomy of the judicial branch but also weaken its accountability and lead to judicial corporatism. One way to counter the negative trends is to enhance public accountability of judicial councils, by making the work of councils is open and visible. Not surprisingly, judicial reformers have made transparency into a key criterion for a successful judicial council, leading many countries to promote transparency in their judicial councils. This article evaluates this trend−by (1) providing cases studies of four judicial councils, those of Italy, Poland, Moldova, and Latvia; and (2) comparing the work of empowered judicial councils throughout Europe with regard to the openness of judicial disciplinary hearings and public sessions of judicial councils themselves. On this basis I argue that while legal requirements for transparency are becoming the norm, they do not necessarily make the work of judicial councils open, let alone produce public accountability. This outcome requires as well a genuine commitment of council members and staff to transparency arrangements, the cessation of resistance to such arrangements, and the provision of money and staff to support them.

Indonesian constitutional reform after the fall of Soeharto’s New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, has closed dark memories in the past. This article decides that the Judiciary is held by the Supreme Court and the judicial bodies below and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of the independent and autonomous judiciary. But in reality, even though in a democratic political system and constitutional arrangement affirms the guarantee of independence, but it doesn’t represent the actual situation. There are some problems that remain, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court, and the Judicial Commission, and (ii) still many efforts to weaken judiciary through different ways such criminalization of judge. Referring to the problem above, then there are gaps between what "is" and what "ought", among others. First, by changing political configuration that tends to be more democratic, the judiciary should be more autonomous. In this context, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalize judges over their decisions, and (iii) judicial corruption. Second, by the constitutional guarantee of the independence of the judiciary, there will be no legislation that that may reduce constitutional guarantee. However, there are many legislation or regulations that still not in line with a constitutional guarantee concerning judicial independence. This paper reviews and describes in-depth about how to implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthen rule of law in Indonesia

Background: The conditions of the legal regime of martial law, introduced in Ukraine in response to Russia’s full-scale invasion, have ushered in a new legal framework that has reshaped the landscape for all state institutions and Ukrainian society. The judiciary, tasked with responding to new challenges, adapting to new living conditions, and charting a course for its future development, has found itself in a transformative position. The need to optimise the judicial system is becoming increasingly evident in Ukraine. The question arises of how to organise judicial authorities to effectively administer justice for the state, even amidst a severe lack of funds and personnel. The article attempts to forecast the prospects of optimisation of the judicial system of Ukraine, considering the national features of its model and the ongoing course of the war. We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. Using actual empirical information facilitated proper argumentation of the author's conclusions. Results and Conclusions: It was concluded that the challenges caused by the war required a transformation of the political system in general and the judicial system in particular. One way is to optimise its judicial governance bodies as a necessary element of ensuring accessible and fair justice. The national model of judicial governance resulted from the introduction of advanced European practices into the national legal system in the organisation and functioning of such a body as the Judicial Council. However, the historical totalitarian past, peculiarities of the legal culture, and non-identity of political and social conditions influenced the result. As a result of numerous reforms, a hybrid model of the Judicial Council, which should be identified as dual, is functioning in Ukraine. The national experience of the functioning of judicial governance in crisis conditions demonstrated the vulnerability of such a model. This put the issue of implementing appropriate safeguards and guarantees to ensure stable and uninterrupted work of judicial governance on the agenda. Their discussion is a necessary step in developing scientific discussion about guarantees of judicial independence, an essential aspect of which is the effective functioning of judicial governance.

The status of a judge is a very important issue from the point of view of the standards of a democratic state and because of the role that judges play in the administration of justice. This article attempts to analyze the legal status of judges in the Republic of Kosovo by subjecting constitutional guarantees of judicial independence to theoretical and legal analysis. Indeed, the independent status of a judge is the minimum standard of legal protection that the state should provide to citizens. This study made it possible to formulate a statement that the mechanism of checks and balances of powers formed in the Constitution of Kosovo, which by its nature implies the possibility of some interference in the scope of judicial power, but it cannot touch the independence of judges in the exercise of their office. Some solutions in the Kosovo legal order that are unsatisfactory from the point of view of European standards were also pointed out.

The issue of the retroactive effect of constitutional norms represents one of the most complex questions in constitutional law theory and practice. Although the constitution is the supreme source of law, whose norms by their nature relate to the future (ex nunc), as they regulate relations established by that constitution, certain situations show that provisions of a new or amended constitution can be interpreted to have a retroactive effect (ex tunc). Such an approach, however, calls into question the basic postulates of legal certainty, the rule of law, and the legitimate expectations of legal entities. The paper deals precisely with this phenomenon – the problem of retroactivity of a general constitutional norm and the way legal gaps are interpreted within the constitutional system of the Republic of Serbia, with particular reference to the case of elected members of the High Judicial Council. The author points out the theoretical and practical consequences of retroactive interpretation of the constitutional amendments of 2022, which changed the constitutional status of judicial councils. Special attention is given to the issue of unequal treatment of elected members of the High Judicial Council and the High Prosecutorial Council, resulting from different interpretations of the legal gap regarding the possibility of running for office again. The aim of the paper is to demonstrate that consistent adherence to the principles of legal certainty and equality can be ensured only through the prospective application of constitutional norms and uniform interpretation of ambiguities in favor of all legal subjects.

The article is focused on a judiciary organ of the Republic of Tunisia — the Higher Magistracy Council (Supreme Judicial Council). The author dwells on the basics of the legal status of the Higher Magistracy Council of Tunisia; explores its structure, which is composed of four bodies, i.e. the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council and the General Assembly (Plenary Assembly) of the three judicial councils; contemplates the election procedure and main requirements for the prospective candidates to its organs. The main focus is as well laid on the routine of the Council, its working bodies and structural divisions.

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation

Judicial independence represents one of the key prerequisites for the rule of law. However, fostering a "culture" of judicial independence must be accompanied by continuous efforts to improve mechanisms and the "culture" of accountability and integrity of judicial office holders. This necessity is particularly emphasized in post-authoritarian societies, where judicial independence rests on the unstable foundations of an authoritarian past characterized by systematic undermining of judicial autonomy. In recent decades, the establishment of judicial councils has been recognized as a tool for strengthening judicial independence. Judicial councils, independent bodies predominantly composed of representatives of the judiciary, "are designed to remove the functions of appointment, promotion decisions, and disciplinary actions against judges from partisan political processes while simultaneously ensuring a certain level of accountability" (Garoupa, Ginsberg, 2009). In recent years, however, warnings have increasingly emerged that the formation of judicial councils can open new channels for the politicization of the judiciary, bringing the issue of accountability of council members into focus. This paper analyzes the provisions of the Law on Amendments to the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH), adopted in 2023, concerning the disciplinary liability of judges and council members, as well as the procedures for the removal of HJPC BiH members. The paper will also highlight other provisions of this law aimed at combating corruption in the judiciary and strengthening the integrity of judicial office holders.

This text is a record of a speech given during the Third Polish Conference of Chairs and Departments of Political Systems. The main subject of this paper is the need to carry out research on political systems using diverse methods and takes, both legal and “humanistic”. The paper shows how important in terms of methodology it is to compare particular legal status with reality using examples when legal analysis is not sufficient, for example, on the account of social rebellion. The text identifies challenges that researchers of political systems face due to that fact. In this context is also discusses the problems related to studying such institutions as, for example, the Ukrainian Maidan.

The Ottoman Empire has been the subject of careful study by historians and legal scholars, especially in the last decade. Knowledge in the field of legal policy of this state, in the social, economic and cultural spheres has expanded and deepened. However, a little-studied area is the history of personalities, their legal status and functionality, which is necessary for a full assessment of the history of state and legal institutions of the Ottoman Empire. The purpose of the study is to classify the requirements for grand viziers under the three sultans of the XVIth century, Selim I, Suleyman I and Selim II, and systematize their powers. Certain trends in the formation of power structures during the period have been identified. These trends include the rules for appointment to the position of grand vizier: non-Turkic origin, training in administrative and economic schools created at the residence of the Sultan, long climb up the hierarchical ladder, personal connection with the ruling dynasty. Excellent education, a high level of administrative and military talents, and extensive experience in public administration allowed the grand viziers of the XVIth century concentrate a huge amount of power in their hands. At the same time, the sultans of the XVIth century constantly kept the activities of the grand viziers under control, harshly suppressing any threat to their authority. However, the strengthening of the legal and social status of the grand vizier by the end of the XVIth century, largely due to the irremovability and long tenure in the post, led to the creation of a separate state structure, which subsequently replaced the authority and powers of the sultans.

This study aims to discuss the organizational models of the judicial councils functioning in the three Baltic States - Estonia, Lithuania, and Latvia. The analysis takes into account the time and direct rationale for establishing the relevant bodies, their composition and the process of selecting the chairperson, the length and recurrence of the term of office, the number of judges in the council, and the competences of the councils. The overview of Estonian, Lithuanian, and Latvian legal solutions is intended to examine the legal basis of the Judicial Councils, their legal status, composition, and organization, and their competences in the light of the standards developed in Europe. The work was prepared based on a dogmatic-legal method, using elements of historical and comparative analysis.

This contribution responds to the so-called judicial amendment to the Constitution of the Slovak Republic of 9 December 2020, which was published in the Collection of Law No. 422/2020, which resulted, inter alia, in major changes of the position, composition, and powers of the Judicial Council of the SR; the author points to the evolution of the Slovak Judicial Council since 2001 as well as summarizes the circumstances that led to its establishment, also changes in its constitutional status, composition, presidency, and competencies. The contribution includes concrete details how, according to recent constitutional reform, the system of checks and balances in the composition of the Judicial Council of the Slovak republic was implemented, to eliminate the judicial corporatism and negative consequences of political influence on that matter. The essential part of this document is the comparative analysis of the selected aspects of the composition of judicial councils in the selected European states. Special attention is paid to the issue of the majority of the judges among other members and the influence of the political forces in the process of selecting the members of the judicial councils. All of these used methods of scientific research led the author to formulate and identify the system of checks and balances in the composition of the judicial councils to ensure the independence and effectiveness of the judicial council and even for the whole judiciary in a national and/or European environment.

Formulation of the problem: The features of model of presidencialism in modern terms, possibility of application of presidencialism in democracy are analysed in the article. Analis of concept: politics, decision of political conflicts. The political factors of political strategies of presidencialism are considered, of institute of the president, as subject of conceptual power and democratic political system, as its object is investigated. It is shown, that the real model of political system contains oligarchic and antiolygarchic components, each of which can become prevailing. Purpose of the research: The purpose of the article is to carry out a theoretical and methodological analysis of the essence of the presidency as a subject of conceptual power in democratic political systems, to identify the structure of conceptual power, its role and place in the political system of society, to identify trends and to analyze the role of the processes of oligarchization in the functioning of democratic political systems, to uncover conceptual functions of the institution of presidency in western democratic political systems. The conceptual management of political system, preservation its of democratic definiteness, is a major task of presidential power. Using theoretical models D. Easton, E. Sedov, theory of needs A. Maslow and theory of social mobility of P. Sorokin has allowed to reveal static and dynamic parameters of political system, which optimization enables to support evolutionary character of political development.There are several alternative concepts of democracy. At the same time, one of them is legally codified and reigns. That is why political power is usually forced to act in an anti-democratic way on an alternative concept. Institutions of state power, thanks to sustainability, mobility and resource intensiveness, can support and even impose those norms and goals that are not entirely in the interests of society as integrity, or vice versa – the interests of individual, usually the most active individuals and social groups are not taken into account and even sacrificed in general. There is a significant imbalance of interests that threatens the existence of a democratic social system. Consequently, the task arises to develop objective indicators, which should be guided by the head of state, in order to assess the favorable or unfavorable tendencies in the political system.The purpose of the article and the task. Research methods: The following research methods were used to address the issues set in the article: general scientific methods – descriptive, hermeneutic-political, systemic, structural-functional, comparative, institutional-comparative; general logical methods – empirical, statistical, prognostic modeling and analysis; special methods of political science. The preference was given to the method of political-system analysis, by which the common and distinctive characteristics of the basic components of soft power strategies were identified, reflecting existing political, public, information and other challenges and global development. For empirical research, the factual basis was used, which was compiled by an expert survey of Ukrainian specialists-political scientists. Practical and systematic methods were used to analyze the system of relations from four perspectives: influence presidents power. Functional and general historiographical methods were also used. Methods of analysis and synthesis allowed exploring the features. In order to implement these methods, such methodological techniques as analogy, comparison, generalization and extrapolation were used. The method for analyzing the situation (studying documents, comparing, etc.) was used to study international and political processes in the USA, exploratory methods (in particular, content analysis) for the analysis of high-level documents and speeches, which in turn helped identify and outline the trends in foreign policy of the countries of the region. Conclusions. The experience of western (Western, liberal-democratic) political systems suggests that the function of supporting the democratic model of the political system is the responsibility of the president. In this case, the president plays the role of either the head of the executive (political manager of the higher rank), or the formal head of state, or these functions combine. In the context of the political crisis, the president takes steps to preserve the democratic system of society. The complex of these activities includes the function of supporting the democratic nature of the political system.