President Of Court Research Articles

Ustavni amandmani iz nužde - kritički osvrt na ustavnu reformu sudske vlasti

Following the referendum which took place on January 16, 2022, in which most citizens voted in favor of constitutional amendments; the National Assembly proclaimed the Constitutional Amendments on February 9. Although not a generally accepted view, there has been emphasis on these amendments as having improved the constitutional framework of the judiciary. Changes include the elimination of the three-year probationary mandate for judges and the election of all judges and court presidents to be under the exclusive jurisdiction of the High Judicial Council. The election process of the members of the High Judicial Council have also been depoliticized. In addition, the constitutional guarantee of the independence of judges have been improved, by securing the permanency of tenure of judicial office, constitutionalizing the basis for the removal of judges and more precise guaranteeing of their irremovability. Despite this, most scholars remain critical or at least evidently reserved with respect to the effects of the implemented constitutional changes. Aside from a deficit in democratic legitimacy in the convocation of the National Assembly who had decided upon the Constitutional Amendments, there is emphasis on the fact that the guarantees of the independence of the judiciary have only been partially improved with the creation of the new, and best described as hidden channels for political influence. Hence, a contextual analysis of the content of these constitutional amendments show that the implemented constitutional reform cannot have positive effects on the advancement of the rule of law in Serbia.

COUNTERACTING MOBBING IN THE PROBATION SERVICE

This article discusses the issues related to the possible causes of mobbing in the professional group of probation officers and the issues of tasks and activities of the probation officer employer in situations related to the phenomenon of mobbing in the probation officer service. Due to the special position of probation in the administration of justice, the author focuses on the tasks of presidents of regional and district courts aimed at counteracting the phenomenon of mobbing. It refers to activities that seem advisable in the event of the initiation of appropriate proceedings and remedial actions in the event of confirmation of mobbing. The issue of mobbing in the probation service has not been covered by a broader analysis so far. The aim of this study was to indicate the tasks incumbent on the presidents of courts as persons performing the tasks of the employer towards the probation officer, related to counteracting the phenomenon of mobbing. It cannot be ruled out that the variety and specificity of tasks entrusted to probation officers, the nature of these tasks and the structure of the location of this group in the structure of the judiciary may cause doubts as to the implementation of tasks related to counteracting mobbing.

Multi agents simulation of justice trials to support control management and reduction of civil trials duration

Thanks to the digitalization of Civil Legal Processes that has been carried out in Italy since 2005, a consistent flow of data has been generated regarding all phases of Civil Trials. The Italian Ministry of Justice has recognized the opportunity to better assess the quality of Courts’ management, seeking ways to implement Decision Support Systems to aid the work of Court Presidents. In collaboration with the Court of Livorno, which has provided data and case studies, KPIs and indicators have been developed, and have been later used within an Agent-based simulation framework to assess the behaviour of Chancellors and Judges in response to Court Presidents’ decisions, and in particular to verify the effects of such decision on Processes’ duration. This paper presents the Agent-based simulation approaches adopted to predict the effects of Presidents’ decisions, by taking in consideration the behaviour of Chancellors and Judges, derived from the examination of past Trials, whose aspects have been recorded by the Court’s digital system.

Too little, too late: the ECtHR judgment Broda and Bojara on the premature termination of Polish court (vice) presidents

Too little, too late: the ECtHR judgment Broda and Bojara on the premature termination of Polish court (vice) presidents

A life in human rights: a conversation with Dennis Davis

Abstract Dennis Davis is Judge of the High Court of South Africa, Judge President of the Competition Appeal Court, and Honorary Professor of Law at the University of Cape Town. In this wide-ranging conversation with Tor Krever, he reflects on his political and intellectual trajectory—from early encounters with Marx to anti-apartheid activism to a leading position in the South African judiciary—and his lifelong commitment to a radical left politics.

Public administration in the activities of the court apparatus: Approaches to the formation of the concept

The article analyses the scientific approaches to the content of the concepts of “public administration” and “public administration in the activities of the court apparatus”. It is noted that establishing the essence of public administration, its features and the actual formulation of the definition of public administration in the activities of the court apparatus, which would fully reflect its legal nature, is the most pressing issue in the light of judicial reform. The author argues that a separate component of building the organizational structure of the court apparatus is the established practice of organizing activities in each particular court, with due regard to which the court administration develops and approves standard staffing tables for each group of courts; based on the maximum number of civil servants and technical staff, the staffing tables of courts are approved by the heads of their apparatus and court presidents. It is proved that public administration in the activities of the court apparatus has not been studied in detail. The doctrinal teachings regarding the understanding of administration in the judicial system are in many cases opposite and are not applied unambiguously. When characterizing public administration in the judicial system, the semantic load is focused on the characterization of “organizational support of the courts”, “judicial management”, “organizational management of courts”, and management relations existing in the judicial system.

POWERS OF THE PRESIDENT OF THE COURT OVER THE PROBATION OFFICER

The article presents the issue of the powers of the president of the court in relation to professional probation officers who form the probation officer service in the area of jurisdiction of the district court. Due to the special location of court guardianship at the level of a district court and a regional court, the author focuses on the powers of presidents of regional courts and presidents of district courts, arising directly from the Act on probation officers or directly related to it. The aim of the study was to collect, systematize and organize the powers of court presidents under the Act on probation officers in such a way that it was possible to indicate which of these powers belong to the president of the regional court, and which belong to the president of the district court. The variety and specificity of the tasks entrusted to probation officers, the related task-related working time and the statutory self-government of this professional group may cause doubts as to the bodies authorized to exercise powers in relation to this professional group. Taking into account the organizational distinctness of the probation service in terms of supervision entrusted to the district probation officer, the author indicates the powers that the presidents of the district and regional courts have in relation to probation officers.

REAKSI PASAR PADA PENGUMUMAN PRESIDEN DAN WAKIL PRESIDEN REPUBLIK INDONESIA TAHUN 2014

The purpose of this study is to examine whether president and vice president events of the Constitutional Court's verdict on the winner of the presidential election in 2014 influence the Indonesian capital market activities.The sample of this study is The Indonesian stock exchange listed companies that classified as LQ45 companies. The analysis used one simple t-test, and one way anova.These results indicate that (1) there is not significant abnormal return and trading volume activity are significantly around the events for all companies listed on the LQ-45 (2) there is no difference abnormal return and trading volume activity significantly around the occurrence of events verdict announcement by the president and vice president of the Constitutional Court on the supporting company Joko Widodo, Prabowo and neutral. The average abnormal return as a whole, before and after the event is negative. While positive only when the incident occurred. While on the average trading volume as a whole, before and after the event is negative.

Some Features of Termination of Rowers of the Chairman of the Court of General Jurisdiction

The derivative nature of the legal status of the president of the court from the status of a judge in general requires the establishment of certain correspondences in the mechanisms for its acquisition and termination. At the same time, the existence of disciplinary and other liability of court presidents for non-performance of their duties leads to an arbitrary interpretation and application of existing legal norms established at the level of legislative and subordinate acts. The article supports the idea of appointing presidents of courts from among persons with judicial status. The options for terminating the powers of the chairman of the court are considered: automatic suspension or termination in the event of suspension or termination of their powers as judges of the respective courts; reaching the age limit for office; voluntary resignation while retaining the powers of a judge; early termination of powers of the chairman of the court with the preservation of the position of judge in connection with the failure to perform or improper performance of his official duties.

Becoming a Judge in Russia: An Analysis of Judicial Biographies

Studies of the Russian legal system underscored the discrepancy between formal legal order and the informal practices used to maintain control over the judiciary. This essay argues that, despite laws introducing meritocratic principles of judicial selection at the beginning of the 1990s, the patronage of court presidents continues to significantly outweigh all other candidate characteristics, such as education and professional experience. By analysing 957 protocols issued by the judicial qualification boards (JQBs), I show that the influence of court presidents on the JQBs’ decision-making in the selection process undermines judicial independence and accountability.

Legal status of the president of the court as a judge and organizer of judicial activities: Structure and models

The article considers the structure of the legal status of the president of a general jurisdiction court in the Russian Federation. The authors show that the term “legal status” is much more appropriate for court presidents than “legal position” and “legal state”. A structure of the legal status of the president of a general jurisdiction court consisting of five elements is proposed: the procedure for appointment; guarantees of judicial activity determining the peculiarities of the court president’s legal status compared to other holders of state power; competence of the court president; procedure for activity termination; responsibility. The article shows that though the legal status of the president is derived from the legal status of a judge, it has significant differences since a judge is assumed to have experience in professional activities, unique personal qualities, organizational and communicative skills, and therefore it is necessary to consider the professional and titular legal status of the court president. The key challenges associated with the development of the legal status of the president of a general jurisdiction court in Russia are identified, such as the lack of a clear hierarchy of sources where international legal standards are present in regard to both a mandatory and advisory nature, various legal acts, decisions of judicial bodies, documents from the judicial community; many issues determining the legal status of presidents of general jurisdiction courts are duplicated in a number of sources; the powers of court presidents can be determined in documents that, at first glance, regulate completely different types of public relations (enforcement proceedings, combating corruption, preventing child neglect and juvenile offences, etc.). The work proposes ways to improve the regulatory framework governing the legal status of the president of a general jurisdiction court in Russia.

Appeal to the President of the Court with a Request to Speed Up the Consideration of the Case

Appeal to the President of the Court with a Request to Speed Up the Consideration of the Case

КОНСТИТУЦІЙНО-ПРАВОВИЙ СТАТУС ВЕРХОВНОГО СУДУ ЯК СУДУ ПРАВА В УКРАЇНІ

The article reveals the features of the constitutional and legal status of the Supreme Court as a court of law in Ukraine. It has been established that the constitutional and legal status of the Supreme Court is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges» and the Code of Administrative Procedure of Ukraine. Analysis of the legislation allows us to note that the Supreme Court is the highest court in the judicial system in Ukraine. The composition of the Supreme Court is formed by the Grand Chamber of the Supreme Court, the Administrative Cassation Court, the Criminal Cassation Court and the Civil Cassation Court. It has been established that the President of the Supreme Court is elected to office, and also dismissed from office based on the results of a secret ballot held by the Plenum of the Supreme Court. The constitutional and legal status of the Supreme Court makes it possible to single out such basic functions of the Supreme Court as: the function of administering justice, during which the Supreme Court acts as a court of cassation; the function of analyzing judicial statistics, as well as summarizing judicial practice; the function of providing conclusions on draft legislative acts directly related to the judicial system; the function of providing an opinion on the presence or absence of signs of committing high treason or other crime in the acts for which charges are brought against the President of Ukraine, for committing high treason or other crime; the function of providing appellate and local courts with proper methodological information on law enforcement issues, etc. It has been determined that the professional activity of the Supreme Court contributes to ensuring the observance of the principle of equality of all before the law and requires ensuring at the same time the achievement of the unity of judicial practice. It is noted that the prospects for further research in this direction are the study of the legal status of the Constitutional Court of Ukraine as a body of constitutional jurisdiction, the main function of which is to ensure the supremacy of the Constitution of Ukraine.

What Future for Human Rights? Decision-making by Algorithm

The President of the European Court of Human Rights, Robert Spano, recently announced that the Court was looking into introducing algorithmic decision-making to help with new applications coming to the Court. In this blog, I wish to show how problematic any introduction of automated decisions-making could potentially be. I raise questions which the Court will have to address when introducing automated decision-making, which concern the dataset from which the algorithm will ‘learn’, the potentially discriminatory outcomes it could lead to, and the biases it might play on if automated decision-making is to ‘only’ form part of an interaction between the Registry and the machine. I start with the preliminary question of ‘what is the algorithm for’.

Model of Supervision over Administrative Courts in Poland

One of the most significant current discussions in Polish legal doctrine is how actions of executive powers, especially supervisory measures can affect judicial independence. It is related to basic constitutional and administrative law issues, including the separation of powers, the independence and the impartiality of the judiciary, the independence of the courts, the supervision and control, the efficiency and effectiveness of judicial protection. The analysis focuses on the dependence between the model of administrative supervision adopted in administrative justice and the efficiency of the courts, as well as their perception by the public. The study will examine supervisory measures aimed at ensuring the efficient functioning of the courts. The effectiveness of judicial review of administrative justice is essential for the protection of individuals' rights and the functioning of the state authorities in both the social and the economic sphere. From an extrajudicial point of view its significance is reflected in the influence on the judiciary, which will not only be effective in its procedural activity, but also in the level of trust and social prestige. It holds that the three arms of the state – the executive, the judiciary and the legislature – should, to a greater or lesser extent, be kept separate. That way, they are able to hold one another to account. This theory about the separation of state power went on to have a formative effect on the development of modern-day democracies. And it’s this vision of the tripartite separation of state power that is essential to the EU’s argument against the Polish reforms of the judiciary. The problem of supervision over administrative courts is also connected with external and internal independence of the judiciary. External independence refers to freedom from undue outside pressure, while internal independence protects individual judges from undue pressure from within the system. “Undue internal pressure” sometimes comes from court presidents and may take different forms: even where individual judges are not formally subordinate to court presidents or other authorities and may be result of attribution of workload, allocation of resources and benefits, disciplinary powers, powers of transfer and secondment, distribution of cases, etc. The aim of this paper is to examine the problem of supervision over administrative courts in legal system of Poland. The article focuses on the dependence between the model of administrative supervision and the efficiency of the courts.

Independence of Russian Judges in Conditions of Irremovability of Judges

The paper has become the fourth work in a cycle of studies carried out by the author to investigate the independence of the judiciary. It is devoted to the implementation of the principle of irremovability of judges as one of the declared guarantees of their independence. The paper analyzes the institutional and individual independence of courts and judges, concludes that it is individual independence of judges that plays the special role in ensuring the independence of the judiciary in general. Within the framework of the study, the reader’s attention is drawn to the components of the irremovability of judges: the period of granting the status of federal judges and the special procedure for suspending and terminating their powers. The author criticizes various age limits established by the legislator, upon which judges’ powers are terminated. Such a differentiated approach, in his opinion, conflicts with the general legal principle of equality and a sectoral principle of the unity of the status of judges. As a consequence, the leadership of the highest courts, given the possibility of reassigning them repeatedly, falls into a harmful dependence on the person entitled to nominate them for the positions of the President and Vice-Presidents of the relevant court. The author provides discouraging forecasts concerning the implementation of the constitutional amendment extending the powers of the President to deprive the status of judges of the Constitutional, Supreme Courts, Cassation and Appeal Courts of the Russian Federation. The work elaborates on the procedure for bringing judges to disciplinary responsibility, which is designed to protect their independence, but in view of the existing shortcomings allowing the use of this mechanism in order to monitor and pressure judges. In this regard, the author substantiates and proposes an impressive list of measures aimed at changing the situation. These measures include changing the composition of the qualification panels of judges, restricting the participation of judicial leadership and higher courts, their expansion by the judges of the Constitutional Court and the strengthening of their public participation, the establishment of the possibility of challenging the decisions of the qualification panels of judges by applicants.

Productividad científica y evolución de las tesis doctorales en Educación Superior: análisis por género y temáticas

El objetivo de este estudio es analizar la productividad científica sobre Educación Superior, profundizando en los parámetros de las tesis doctorales sobre este campo atendiendo a variables bibliométricas e identificando los tópicos de las tesis doctorales y las tendencias en Educación Superior en la consecución del título de Doctor. Este estudio es de carácter descriptivo longitudinal, retrospectivo y bibliométrico de la producción científica en tesis doctorales defendidas en las universidades españolas sobre Educación Superior y registradas en la base de datos TESEO desde su primera publicación, 1976, hasta el curso académico 2018-2019. Las variables analizadas en el estudio ponen de manifiesto las diferencias entre hombres y mujeres en el ámbito académico, especialmente a la hora de ostentar el cargo de presidenta de tribunal de tesis doctoral. Los resultados reflejan que este campo ha sufrido un proceso de consolidación con un crecimiento lineal y constante en la producción de tesis doctorales.

Authority and Legitimacy of the European Court of Human Rights

This article presents a transcription of the Q & A session which followed the online lecture by Robert Spano, President of the European Court of Human Rights (ECtHR or Court), delivered on 29 May 2020. The event was organised by iCourts, Centre of Excellence of International Courts, Faculty of Law, University of Copenhagen, in collaboration with Verfassungsblog, and broadcast to a global audience. The questions posed to Judge Spano were collected from the online audience who could send in their questions via Twitter to #AskSpano before and during the online event. The questions which were then posed anonymously to Judge Spano by Professor Mikael Rask Madsen, Director of iCourts. The Interview covers a host issues related to the current situation of the ECtHR, including subsidiarity, processual review, election of judges, COVID-19 challenges to human rights and the reform process of the Court.

Rejestr biegłych sądowych

Artykuł zmierza do analizy zawartości oraz oceny kształtu - funkcjonującego obecnie - rejestru biegłych sądowych. Udziela odpowiedzi na pytanie czy dzisiejsza jego forma jest zasadna i w pełni obiektywna. Głównym jednak problemem przenikającym w tekście jest próba ustalenia: czy Rejestr biegłych sądowych spełnia swoją rolę, czy też wymaga modyfikacji, a jeśli tak jak głębokiej? Aby w pełni, a przy tym rzetelnie udzielić odpowiedzi na postawione pytania dokonałem analizy 45 rejestrów biegłych sądowych prowadzonych przez Prezesów Sądów Okręgowych. Zabieg ten pozwolił na wywiedzenie konstruktywnych wniosków, a także sformułowanie postulatów de lege ferenda. Wskazałem na absurdy, niedociągnięcia oraz nieuprawnione wpisywanie do rejestrów osób, które nigdy nie wykonały żadnej opinii, a funkcjonują na nich od wielu już lat, czy też prezentują specjalności, które nie są w żaden sposób przydatne w postępowaniach sądowych.

A MEMÓRIA ESQUECIDA DA JUSTIÇA DO TRABALHO DE PERNAMBUCO: “o caso Eurico” (1966)

A proposta do artigo se baseia no estudo de uma memória traumática e esquecida da Justiça do Trabalho de Pernambuco, que se desdobra de uma denúncia que envolvia os crimes de “subversão” e de “corrupção”. Essa denúncia culminou com o afastamento de Eurico de Castro Chaves Filho do cargo de Presidente da Justiça do Trabalho, nos idos de 1966, cujas circunstâncias estavam repletas de implicações, só compreendidas mediante o aprofundamento do imaginário autoritário que permeava o período. O percurso da narrativa se dá mediante o trabalho de interconexão de artefatos documentais de naturezas distintas. De um lado, o Inquérito Administrativo produzido na Justiça do Trabalho, que gerou outro inquérito no IV Exército; e do outro, prontuários funcionais e individuais do Departamento de Ordem Política e Social – DOPS-PE, que nos auxiliaram a revelar a trama por trás do fato que sacudiu a história do Tribunal Regional do Trabalho da Sexta Região, em que foi possível identificar práticas repressivas constituídas em ambas as realidades arquivísticas referentes ao período militar.