Strasbourg, 12 January 2007                                                                        CCJE REP(2007)3

                                                                                                                                                      

CONSULTATIVE COUNCIL OF EUROPEAN JUDGES

(CCJE)

QUESTIONNAIRE FOR 2007 CCJE OPINION

CONCERNING THE COUNCILS FOR THE JUDICIARY

Reply submitted by

the delegation of the Czech Republic

The questionnaire was answered by the Ministry of Justice of the Czech Republic. The Czech Association of Judges, which represents more then 50 % of all judges in the Czech Republic and is a supporter of the self-administration of the judiciary, was asked to answer the questionnaire as well. Answers of the Association are indicated separately.

Part I - General context concerning the judiciary

1.    Is there possible interference of the legislative power concerning judges? If yes, please specify.

No, there is no direct interference of the legislative power concerning judges.

Czech Association of Judges:*

Yes. Especially through financial resources, which are allocated to Justice within the approval of the budget, with no regard to the demands of the judiciary. In the process of drafting the State Budget the judicial power is „represented” by the Minister of Justice. And through the laws on remuneration of judges, which were repeatedly (and unconstitutionally, as the Constitutional Court stated several times) changed to the detriment of the judges. But primarily the legislative power interferes with the judiciary by holding to the model of the state administration of courts, which, strictly speaking, is the same in the Czech Republic for the last 100 years, and which is based on the dominance of the Ministry of Justice over the judicial power.

2.    Is it possible for the legislative power or the Parliament to order investigations or to establish commissions :

§     in general concerning judges? No

§     concerning judicial performance? No

§     concerning facts already submitted to courts? No

§     concerning procedural acts (eg. telephonic tapping, police custody) No

Czech Association of Judges:

            There is no hand-on experience in this field.

3.    Is there possible interference of the executive power concerning judges?

Only exceptionally. The judge cannot be removed from office or transferred to other court against his own will, exceptions result from disciplinary liability of judges. The judge may be transferred without his consent or without request for transfer in cases of legal changes in organization of courts or in cases of changes in districts of courts and due course of justice cannot be secured otherwise. In such cases the Minister of Justice decides on transfer of a judge:

·         after consulting President of the court to which the judge is transferred,

·         eventually with a President of a Regional Court, if it concerns transfer of a judge to a District Court in his district, and after discussions with President of the Court from which the judge is being transferred,

·         eventually with the President of a Regional Court, if it concerns transfer of a judge of a District Court in his district.   

Czech Association of Judges:

Yes. Especially through the officials of the court, who are dependent on the will of the Minister of Justice, through the approach to the drafting of the State Budget and to the management of the resources allocated to the Judiciary. We may certainly consider as interference passivity at submitting such an Act on Courts and Judges that would be constitutionally conforming and would use other model of the judicial administration, as well.

4.    If yes, is it possible for the executive power to interfere:

§     in selection, training, career, disciplinary procedures of judges? (if yes, please specify       which authority from the executive power)

·         The Ministry of Justice as an administrative authority affects all these areas. Appointment of a judge is proposed by the President of Regional Court, in whose district future judges will carry out their functions. These proposals are presented to the Minister of Justice who, after considering all circumstances, presents them to the Office of the President of the Czech Republic. Judges are appointed by the President of the Czech Republic. There is no legal claim to be appointed a judge.

·         Training of judges is provided by the Judicial Academy, its educational and other activities are supervised by the Ministry of Justice.

·         Disciplinary bench of the court decides disciplinary proceedings. However, the Minister of Justice may initiate disciplinary proceedings or file an appeal against a decision of a Disciplinary bench.

Czech Association of Judges:

Yes. The Ministry of Justice interferes with all listed spheres.

§     in designation of presidents of courts? (if yes, please specify which authority from the       executive power)

The President and Vice-president of the Supreme Court and of the Supreme Administrative Court are appointed by the President of the Czech Republic. Presidents and Vice-presidents of High Courts, Regional Courts and District Courts are appointed, after the opinion of the Judicial Board is expressed, by the Minister of Justice

Czech Association of Judges:

The Ministry of Justice

§     in management of courts? (if yes, please specify which authority from the executive        power)

State administrative management of courts is managed by the Ministry of Justice, which is the central authority of state court administration, and by the Presidents and Vice-presidents of Supreme Court, Supreme Administrative Court and High, Regional and District Courts.

Czech Association of Judges:

The Ministry of Justice

5.    Is the judicial staff working under the authority of:

§     a judge?

§     the president of the court? Yes

§     the Ministry of Justice?

Czech Association of Judges:

Under the authority of the president of the court, who is appointed and dismissed by the Minister of Justice.

6.    What are the competences of the president of the Court:

§     to evaluate the work of the judges of the court?

Yes, it results from the obligation of the president of the Court to guard the dignity of the court proceedings and compliance of principles of judicial ethics in proceedings of the Court, of which he is the President. Similarly, he cares that no undue delays happen in these proceedings. For these purposes he carries out examinations of judicial files, supervises the quality of judicial proceedings and deals with complaints against undue delays in proceedings, inappropriate behavior of judicial officials or disturbances of dignity of judicial proceedings. 

§     to distribute the work between judges?

Yes, exceptionally the president may determine that certain case will be tried by other judge or a senate then set by the work plan. That would be possible if the case cannot be tried by judge or senate set by the work plan. The president of the Court issues, after consultation with a relevant Judicial Board, the work plan for a period of a calendar year as well.

§     to act as a disciplinary authority vis-à-vis judges?

No. Function of a judge of a Disciplinary Court is incompatible with a function of the president and the vice-president of the Court. However, president of the Court may initiate disciplinary proceedings against a judge of the Court, of which he is the president, president of the Supreme Court, High Court and Regional Courts may initiate disciplinary proceedings against a judge of a lower level Court, president of a District Court may initiate disciplinary proceedings against a judge of another District Court.

§     to intervene in the career of judges?

The president of the court appoints presidents of panels and also affects the career of judges through his opinions, issued in connection with assigning and transferring judges.

§     other? If yes, please specify.

President of the Court guarantees functioning of the Regional Court in relation to personal and organizational matters, supervises smooth functioning of Court Offices, president of the Supreme Court and the Supreme Administration Court appoint chairpersons of Court Divisions and presidents of panels of relevant courts, presidents of High and Regional Courts appoint presidents of panels or relevant courts, president of the court also expresses his opinion on proposed candidates for elections of lay judges. In connection with the preparatory service of the judicial trainees, the president of the Regional Court represents the State and signs the employment contract with the judicial trainee. President of the Court assigns these judicial trainees into separate judicial departments according to the purpose of their judicial traineeship.

Czech Association of Judges:

The president of the court assesses the judges of his court regularly during quarterly examination of old cases – for the purpose of the Ministry. In some judicial regions (e.g. Prague) the presidents of the courts of the first instances assess selected judges of their courts for the purposes of the president of appeal court. The president of the court approves the work plan and determines the distribution of individual cases between judges. After consultations with the Judicial Council, however the Council only has an advisory voice. The president is a statutory plaintiff in the disciplinary proceedings (individual judges and Judicial Councils are not). The president of the court significantly interferes with the career of the judges by assessing them, by proposing their appointment to a higher court, consulting regularly the career matters with the president of a higher court and gives recommendations.

Part II – General concerning Councils for the Judiciary

7.    Is there a Council for the Judiciary in your judicial system?

Not in the meaning of this questionnaire. In the Czech Republic there are so called Judicial Boards with the Supreme Court, Supreme Administrative Court, High, Regional and District Courts which are advisory bodies of the president of the court.

Czech Association of Judges:

Yes, but only with an advisory voice. These are a sort of advisory collegium of the president of all courts. They have nothing in common with the authorities of judicial selfadministration and with the Councils of the Judiciary in other countries.

           

8.    What is the exact title/denomination of this body? (In the case there is no such body, which department or structure - for example the Ministry of Justice - is responsible for the tasks of the Council?)

Judicial Board, but the department responsible for the tasks of the Council of the Judiciary as known in other countries is the Ministry of Justice.

9.    What is the legal basis for the Council for the Judiciary:

§     the Constitution?

§     the law?

§     other? If yes, please specify.

Legal bases of Judicial Boards, advisory body of the president of a court, is act no. 6/2002 Coll. on Courts, Judges, Lay Judges and the State Administration of Courts (on Courts and Judges).

10.  Please, give a brief historical overview (when was it created, what were the reasons for setting up the Council, etc.) (in the case there is no such body, why there is no such Council and why do the tasks lay within for example the Ministry of Justice?)

Questions on methods of administrative management of courts, including possible setup of Councils for the Judiciary as bodies of such management and division of competences between executive and judicial powers, are discussed in the Czech Republic for a long time now. Though the attempts to change the present system did not yet earn adequate support. So called Judicial Boards, which where created under the law 6/2002 Coll. on Courts, Judges, Lay Judges and the State Administrative management of Courts (Law on Courts and Judges) as advisory bodies of the president of the court, have no decision-making competences. Their creation is a first step resulting from the discussion on how to arrange state administrative management of courts to the judicial self-administration.

The Ministry of Justice is a central authority of the state administrative management of courts. Other bodies of the state administrative management are president and vice-president of the Supreme Court, president and vice-president of the Supreme Administrative Court and presidents and vice-presidents of High, Regional and District Courts. Major issues of the state administrative management of courts are decided in cooperation with the relevant Judicial Boards. Authorities of the state administrative management of courts proceed in exercise of their competences in cooperation with professional organizations of judges.

Czech Association of Judges:

This is more a question for politicians. From the beginning of the 90’s there has not been a political power, which would significantly promote creating a different model of the judicial administration with the leading role of a Council for the Judiciary, equipped with powers that are usual in other countries.

Part III - Composition

11.  What is the composition of the Council for the Judiciary:

§     Number of members?

Judicial Boards have 5 members; Judicial Board of a District Court with less then 30 appointed judges or judges transferred to the court for the discharge of office has only 3 members.

§     Qualification of the members?

Only judges appointed to the court or judges transferred for the discharge of office at a certain court may become members of the Judicial Board. They have to be without a criminal record and they have to agree with election.

§     For the “judges” members, do they need specific qualifications or experiences?

Please, see previous point.

§     Can non-judges be members of the Council? Please specify (number,       qualification/specific functions)

No.

12.  Please describe the whole procedure of appointment:

§     Who designates the members (judges or other institutions or authorities – please    specify)?

Only judges of the court, where Judicial Board is elected, participate in elections, i.e.  members are designated by judges appointed or transferred for the discharge of office to the court.

§     What is the appointment system (voting, individual candidates, designation, etc.)?

Members of the Judicial Board and their 3 substitutes are elected by the assembly of all judges appointed or transferred for the discharge of office. Candidates who gain maximum of valid votes are elected to the Judicial Board. Candidates in 3 subsequent places become substitutes. In case of equal vote, the order is determined by lot.

13.  How is appointed the President and/or Vice-President of the Council?

The Judicial Board elects the President at the first session. Judicial Board informs the president of the court about the election.

14.  What is the term of office for a member of the Council?

The term of office of the Judicial Board is 5 years.

15.  May a member be removed from office against his/her will and, if so, under what circumstances?

A member of the Judicial Board may be removed from office against his/her will in cases when he does not perform duties of a judge for health or other reasons for a period of 6 consecutive months, or he stopped fulfilling the condition of lack of criminal record (he received a disciplinary punishment by final order, a disciplinary punishment was not erased or he was convicted of a crime by final order and such a conviction was not a reason for extinguishment of the office of a judge, if he is not considered  as not convicted.

Otherwise the membership in the Judicial Board is terminated by termination of a function of a judge, transfer of a judge to carry out his function in another court, appointment as a president or a vice-president of the court, chairperson of a Court Division or after one month from delivery of a notice of resignation of a member of a Judicial Board to the President of a Court.

Part IV - Resources

The Judicial Boards, as mere advisory bodies of presidents of every court, have no separately specified financial resources. Costs of the Judicial Board are part of the costs of the Court at which the Judicial Board is functioning. They are a part of the budgetary category administered by the Ministry of Justice and allocated to courts for their activities.

16.  Where does the Council receive its financial resources?

17.  Does the Council have its own staff?

18.  If not, is the personnel provided by:

§     the Ministry of Justice?

§     the Supreme Court?

§     other institution? Please specify

19.  What is the staff number?

20.  What are the qualifications of the staff?

21.  Must the staff be composed, albeit only in part, by judges?

22.  What are the tasks of the staff of the Council:

§     preparing materials for the Council members?

§     providing them with analysis and evaluation of the courts’ practice?

§     other? Please specify.

Part V - Tasks

23.  Please describe the different tasks of the Council for the Judiciary (in the case there is no such body, please specify which bodies are responsible for the below listed tasks – see also part VIII of this questionnaire):

 

§     in area of personnel policy (appointment and promotion of judges, appointment of the       Presidents or the Administrative Directors of the courts, determining the number and       location of judges or courthouses, transfer of judges, etc)?

Judicial Board of the Supreme Court expresses its opinion on candidates who are to be appointed a chairperson of the Court Divisions and president of the panel of the Supreme Court and on judges who are to be assigned or transferred for the discharge of office at the Supreme Court or who are to be transferred from the Supreme Court to another Court. Similar responsibility has the Judicial Board of the Supreme Administrative Court. Judicial Boards of High, Regional and District Courts express their opinion on appointment of president and vice-president of relevant courts and on judges that are to be appointed or transferred for the discharge of office at the relevant court or on judges that are to be transferred from this court to another court. Judicial Board of High, Regional and District Courts also express their opinion on judges that are to be appointed presidents of the panels of the Court.

§     in area of initial and/or continuous training for judges and/or courts’ staff[1]?

No powers of a Judicial Board. Training for judges and courts´ staff is provided by the Judicial Academy in Kroměříž.

 

§     in area of courts’ performance in general (assessment of quality of court performance[2],   setting policy and performance standards and targets for courts, imposing penalties for   the misuse of funds)?

No powers of a Judicial Board. The Ministry of Justice provides functioning of courts organizationally and personally. Smooth functioning of Court Office is supervised by the presidents of the Courts.

§     in area of the individual work of a judge (evaluation of his/her work, setting up evaluation criteria as quality and/or quantity of judgements[3])?

No powers of the Judicial Board. The president of the Court guards the dignity of the court proceedings and compliance of principles of judicial ethics in proceedings of the Court, of which he is the President. Similarly, he cares that no undue delays happen in these proceedings. For these purposes he carries out examinations of judicial files, supervises the quality of judicial proceedings and deals with complaints against undue delays in proceedings, inappropriate behavior of judicial officials or disturbances of dignity of judicial proceedings.

§     in area of disciplinary procedure against judge (has the Council power of initiative or         sanction, is appeal or another legal remedy available against sanctions, when the         Council has power in disciplinary matters does it respect the provisions of Article         6 of the            ECHR)?

No. Disciplinary procedures against judges are decided by panels of Disciplinary Courts. The Minister of Justice may initiate disciplinary proceedings against any judge or the president of the Court may initiate disciplinary proceedings against a judge of the Court, of which he is the president, President of the Supreme Court, High Court and Regional Courts may initiate disciplinary proceedings against a judge of a lower level Court, president of a District Court may initiate disciplinary proceedings against a judge of another District Court. Appeal against decision of the panel in disciplinary proceedings may be initiated by the judge against whom the proceedings are conducted, the petitioner or the Minister of Justice. There is no appeal available against the decision of the appeal court.

§     in area of the budget for the judiciary (does the Council take part in the budget       negotiations with the Government or Parliament, does the Council have competences for          the subdivision of financial resources allocated to the courts, for the deployment of funds         by individual courts, which courts)?

No. The Ministry of Justice allocates financial resources to the Regional Courts according to the approved state budget. These financial resources are assigned to the Regional Court and District Courts in its district at least in the minimum extent of binding index set by the Act on the State Budget. The president of the Regional Court itemizes the resources for management of Regional Court and for management of District Courts in its district at least in the minimum extent of the binding index set by the Act on the State Budget or the administrator of the relevant chapter of the state budget (in this case the Ministry of Justice).

§     in other areas not already mentioned above (e.g. participation in the law-drafting    process, reporting to the Government/Parliament about substantial problems in the court            system)? Please specify

No participation. The authorities of state administrative management of courts discuss drafts of proposed bills, that essentially effect competences of courts and ways in which these competences are performed, with professional organizations of judges (Czech Association of Judges).

24.  Does the Council have investigation powers? If yes, please specify.

No, the Judicial Boards in the Czech Republic have no investigation powers; they are an advisory body to the president of the court only.

25.  How can the members of the Council have information on the concrete functioning of courts? (where do they receive information from, is the information analyzed). Please describe.

Members of the Judicial Board receive information from their own practice at the court.

26.  What are the types of norms that the Council can issue:

§     opinions on the functioning of the judiciary?

§     recommendations?

§     instructions to the courts?

§     decisions?

The Judicial Board can only issue recommendations and opinions.

27.  Are the functions or responsibilities of the Council described in law or other norms? Please specify.

Functions and responsibilities of the Judicial Board are described in Sections 46-59 of the Act no. 6/2002 Coll. on Courts and Judges.

 

28.  If yes, is the formulation of these tasks by legislation general, even declarative, or rather concrete and specific?

The Act No. 6/2002 Coll. on Courts and Judges contains specific enumeration of tasks of this advisory body.

29.  Does your country have a code of ethics for judges and is it one of the tasks of the Council to guarantee its observance?

There is an ongoing discussion on judicial ethics and on contents of the Code of Ethics for Judges which is being prepared.

30.  Does the Council handle external relationships of the courts:

§     has it a public relations department? No.

§     how does it ensure the transparency of its functioning and organisation?

The Judicial Board does not represent the court externally. External relations are handled by the PR departments of each court.

31.  Are decisions of the Council published and available to all?

No.

Part VI – Assessment of the self-governance and the independence of the judiciary

32.  To what extent is the work of the Council influenced by:

§     the executive power?

§     the legislative power?

The work of the Judicial Board, as an advisory body of the president of the court is not influence by any of these powers.

33.  Is the Council independent from other States entities, so that it is not subject to control liability in their respect?

Yes.

           

34.  Which is the division of responsibilities and powers between the Council for the Judiciary and the Ministry of Justice?

The Judicial Board is an advisory body of the president of the court, it does not participate on administration and organization of the court.

35.  Which is the division of responsibilities and powers between the Council for the Judiciary, the Supreme Court, the Supreme Court and the Presidents of the Courts?

In the Czech Republic the Judicial Boards are advisory bodies of the presidents of the Supreme Court, Supreme Administrative Court and High, Regional and District Courts only.

36.  Is the Supreme Court or are the highest courts also subject to the exercise of the powers of the Council for the Judiciary, or do special rules apply to that respect?

No.

37.  Who decides which the priorities of actions of the Council are?

Activities of the Judicial Boards are set by the Act No. 6/2002 Coll. on Courts and Judges. The members of the Board decide which of these actions are priorities.

38.  Is it possible for the individual courts or judges to appeal the decisions of the Council? How?

The Judicial Board has no decision making authority.

39.  Which instruments or practices are used by the Council:

§     to guard the independence of judges?

§     to protect judges from undue interferences and/or attacks coming from the general           public, the media and other powers of the State?

§     to intervene in case of attacks against its own interests[4]?

§     to improve the working methods of judges?

The Board may only issue an opinion; it cannot use any other instrument.

Part VII – Future trends of Councils for the Judiciary

The questions on ways of administrative management of courts are discussed continuously in the Czech Republic, including the possibility of setting up Council of the Judiciary as a body of such administration and division of competences between the executive and judiciary powers. All attempts to change the present system did not get enough of support. But different proposals from the judiciary arise and the discussion on changes of ways of administrative management of courts is still under way.

40.  Are there particular fundamental problems concerning the administrative management of the courts vis-à-vis the role of the Council? If yes, please describe.

41.  Are reforms concerning the Council under discussion or envisaged in the near future? If yes, please describe.

 

42.  Are there relations between the Council for the Judiciary and judges' professional organisations or associations?

No.

43.  If your country is member of the European Network of Councils for the judiciary (ENCJ), what are the concrete added values of your membership:

§     concerning the national actions of your Council?

§     concerning international co-operation?

The Czech Republic has an observer statute with the European Network of Councils for the Judiciary; a representative of the Ministry of Justice’s Department of the European Union participates on regular annual meetings. When the Council for the Judiciary is established, the Czech Republic will become regular member of the ENCJ and will participate in the international cooperation.

44.  Are there some other features concerning the Council for the Judiciary which might be of special interest to others from a comparative point of view? If yes, please describe.

No.

Part VIII – Countries without a Council of the Judiciary

45.  Are there mechanisms to ensure the functioning of the principle of separation of powers with respect to the judiciary?

The Constitution and the Act on Courts and Judges constitute courts as individual special bodies of state power. The judiciary is executed by independent courts. Judges are independent while caring out their function and their impartiality cannot be endangered. According to the law lay judges have to be independent in their decision-making as well, if the case is decided by a panel of judges of which they are part of. Judges are only bound by law and international conventions which are part of the legal order, the judge is entitled to consider compliance of another act with the law or with such international convention. If he concludes that the law, which is to be used, is in contradiction with constitutional order of the Czech Republic, he is entitled to present the case to the Constitutional Court.

Czech Association of Judges:

Only through proceedings at the Constitutional Court and partially through administrative and general courts.

46.  How and by whom are judges appointed and promoted?

Please, see answer to no. 23, part V.

Czech Association of Judges:

They are appointed by the President of the Czech Republic, promoted by the Minister of Justice. In both cases by the representatives of the executive power.

47.  Does any authority (body) independent[5] of the government and the administration take part in the appointment and promotion process: Yes, the Judicial Board.

 

§     If yes, how is this authority composed? Is a certain share of judges fixed?

The Judicial Board is constituted by 5 members; the Judicial Board of a district court, to which less then 30 judges is appointed or transferred, is constituted by 3 members. If there is less then 11 judges appointed or transferred to the district court, the competences of a Judicial Board are carried out by the assembly of all judges.

§     How are the members selected?

The members of the Judicial Board are elected in direct, secret and equal elections. Members are selected among the judges of the court, whose Judicial Board have to be elected, who are appointed or transferred to such court. Every judge authorized to elect members of a Judicial Board, I.e. he is a judge of the relevant court or he is appointed or transferred to that relevant court, may cast a vote for as many candidates as there are members of the Judicial Board and he can give one vote to one candidate only, otherwise the vote would be invalid.

§     what are the detailed competences of the authority with respect to the appointment and    promotion of judges?

     

Judicial Boards of the respective court express their opinion on candidates for appointment to function of chairperson of a Court Division and president of a Panel of Judges of the Supreme Court and Supreme Administrative Court, president and vice-president of High, Regional and District Courts and to function of the president of the Panel of Judges of the High and Regional Courts.

Czech Association of Judges:

No, it does not.

48.  How are the courts’ activities funded? Do judges have any say whatsoever in decisions concerning funding or in managing the budget?

The Ministry of Justice carries out the administrative management of courts in the budgetary area through the presidents of courts. Judicial Board expresses its opinion to major questions of state administrative management and questions concerning funding and budget of the court are only discussed when proposed by the president of court as such a major question.

Czech Association of Judges:

No, they cannot.

49.  Is the creation of a Council of the Judiciary contemplated? If yes, what will be its competences?

Yes. The actual form of the Council of the Judiciary and its competences is still under discussion.

Czech Association of Judges:

So far there is only a concrete proposal of the Czech Association of Judges and of the Collegium of presidents of regional courts, which are a professional association and informal group of judicial officials.

Excerpt of the Act No. 6/2002 Coll. on Courts and Judges (concerning Judicial Boards):

Section 2

Judicial Boards

Subsection 1

Establishment of Judicial Boards and Composition Thereof

§ 46

(1) Judicial boards shall be established at the Supreme Court, High Courts and Regional Courts.

(2) A judicial board shall also be established at a District Court to which more than 10 judges have been assigned or transferred for the discharge of office.

(3) At District Courts, to which less than 11 judges have been assigned or transferred for the discharge of office, the competence of a judicial board shall be performed by the session of all judges.

(4) A judicial board shall be an advisory body for the Chairman of the court.

§ 47

(1) A judicial board shall consist of 5 members, unless laid down otherwise.

(2) A judicial board of a District Court, to which less than 30 judges have been assigned or transferred for the discharge of office, shall consist of 3 members.

(3) The office of member of a judicial board shall not be compatible with the office of Chairman and Vice-Chairman of the court and, at the Supreme Court, also with the office of chairman of a division.

§ 48

(1) The chairman of a judicial board shall convene the judicial board, determine its agenda and direct its sessions. The chairman of a judicial board shall be obliged to convene the judicial board at request of a member thereof or the Chairman of the court or Vice-Chairman of the court.

(2) Sessions of a judicial board shall not be public. The Chairman or Vice-Chairman of the court may participate in a session of the judicial board, submit motions and express his/her standpoint on the discussed matters. Other persons may be invited to a sessions of the judicial board.

(3) A judicial board shall have a quorum if a majority of its members are present. The consent of a majority of all members of the judicial board shall be required for adoption of a resolution.

§ 49

(1) Where the competence of a judicial board of a District Court is performed by a session of all judges, the session shall be convened, its agenda determined and its deliberations directed by the Chairman of the District Court. The Chairman of a District Court shall be obliged to convene a session of all judges at request of at least one third of all judges active at the District Court.

(2) Sessions of all judges of a District Court shall not be public. Other persons may be invited to the session.

(3) A session of all judges shall have a quorum if a majority of all judges of the District Court are present. The consent of a majority of judges of the District Court present shall be required for adoption of a resolution.

Subsection 2

Competence of Judicial Boards

§ 50

(1) The judicial board of the Supreme Court shall

a)   issue standpoints on candidates for appointment to the office of chairman of a division and the chairman of a senate of the Supreme Court,

b)   issue standpoints on judges who are to be assigned or transferred for the discharge of office at the Supreme Court or who are to be transferred from the Supreme Court to some other court,

c)   discuss draft schedules of work of the Supreme Court and modifications thereof,

d)   issue standpoints on fundamental aspects of state administration of the Supreme Court,

e)   may request the Chairman of the Supreme court to convene the plenary of the Supreme Court and propose to him/her a program for the meeting of the plenary,

f)    repealed

g)   repealed

h)   also fulfill other tasks stipulated by this Act or special legal regulations.

(2) Proposals pursuant to paragraph 1 (a), (b), (c) and (d) above shall be submitted to the judicial board by the Chairman of the Supreme Court; simultaneously, (s)he shall lay down a deadline within which the proposal should by discussed by the judicial board which may not be shorter than five working days. If the judicial board fails to issue its standpoint within this deadline, it shall hold that it agrees with the proposal.

§ 51

(1) The judicial board of a High Court shall

a)   issue standpoints on candidates for appointment to the office of Chairman and Vice-Chairman of the High Court,

b)   issue standpoints on judges who are to be assigned or transferred for the discharge of office at the High Court or who are to be transferred from the Superior Court to some other court,

c)   issue standpoints on judges who are to be assigned to the office of chairman of a senate of the High Court,

d)   discuss draft schedules of work of the High Court and modifications thereof,

d)   issue standpoints on fundamental aspects of state administration of the High Court,

f)    repealed

g)   repealed

h)   also fulfill other tasks stipulated by this Act or special legal regulations.

(2) Proposals pursuant to paragraph 1 (a) and (b) above shall be submitted to the judicial board by the Ministry. Proposals pursuant to paragraph 1 (c), (d) and (e) above shall be submitted to the judicial board by the Chairman of the Superior Court. A deadline shall be laid down in the proposal within which the proposal should be discussed by the judicial board which may not be shorter than five working days; if the judicial board fails to issue its standpoint within this deadline, it shall hold that it agrees with the proposal.

§ 52

(1) The judicial board of a Regional Court shall

a)   issue standpoints on candidates for appointment to the office of Chairman and Vice-Chairman of the Regional Court,

b)   issue standpoints on judges who are to be assigned or transferred for the discharge of office at the Regional Court or who are to be transferred from the Regional Court to some other court,

c)   issue standpoints on judges who are to be assigned to the office of chairman of a senate of the Regional Court,

d)   discuss draft schedules of work of the Regional Court and modifications thereof,

e)   issue standpoints on fundamental aspects of state administration of the Regional Court,

f)    repealed,

g)   repeale,d

h)   also fulfill other tasks stipulated by this Act or special legal regulations.

(2) Proposals pursuant to paragraph 1 (a) and (b) above shall be submitted to the judicial board by the Ministry. Proposals pursuant to paragraph 1 (c), (d) and (e) above shall be submitted to the judicial board by the Chairman of the Regional Court. A deadline shall be laid down in the proposal within which the proposal should be discussed by the judicial board which may not be shorter than five working days; if the judicial board fails to issue its standpoint within this deadline, it shall hold that it agrees with the proposal.

§ 53

(1) The judicial board of a District Court shall

a)   issue standpoints on candidates for appointment to the office of Chairman and Vice-Chairman of the District Court,

b)   issue standpoints on judges who are to be assigned or transferred for the discharge of office at the District Court or who are to be transferred from the District Court to some other court,

c)   discuss draft schedules of work of the District Court and modifications thereof,

d)   issue standpoints on fundamental aspects of state administration of the District Court,

e)   repealed,  

f)    also fulfill other tasks stipulated by this Act or special legal regulations.

(2) Proposals pursuant to paragraph 1 (a) and (b) above shall be submitted to the judicial board by the Ministry. Proposals pursuant to paragraph 1 (c) and (d) above shall be submitted to the judicial board by the Chairman of the District Court. A deadline shall be laid down in the proposal within which the proposal should be discussed by the judicial board which may not be shorter than five working days; if the judicial board fails to issue its standpoint within this deadline, it shall hold that it agrees with the proposal.

Subsection 3

Elections of Judicial Boards and Their Term of Office

§ 54

(1) Members of judicial boards and 3 substitutes therefor shall be elected by a session of all judges who have been assigned or transferred for the discharge of office at the relevant court.

(2) The session of all judges pursuant to paragraph 1 shall be convened and directed by the Chairman of the court. The session must be convened at the latest 1 month prior to expiry of the term of office of the former judicial board.

§ 55

(1) Only a judge who has been assigned or transferred to the relevant court, has no criminal record and agrees with his/her election may be elected as a member or substitute member of a judicial board.

(2) The condition of lack of criminal record shall not be satisfied where a disciplinary measure has been imposed by a final decision, unless this disciplinary measure has been erased, or where the relevant person has been validly convicted of a crime and this conviction was not a reason for extinguishment of the office of a judge, unless this person is considered not to have been convicted.

§ 56

(1) Election of a judicial board shall be direct and equal, and shall be carried out by ballot. A vote may be cast only in person.

(2) Each judge may vote maximally for a number of candidates equal to the number of members of the judicial board and may cast only 1 vote for each candidate.

(3) Candidates with the highest number of valid votes shall be elected to the judicial board. Candidates placed in the next three positions shall become substitute members. In case of equal vote, the order of candidates shall be determined by lot.

(4) Objections against the validity of elections may be lodged only before the end of the session of all judges convened to carry out elections. The session of all judges shall make a final decision on the objections; this decision shall not be subject to any review.

§ 57

(1) At its first session, the judicial board shall elect a chairman from amongst its members.

(2) The judicial board may elect a different chairman from amongst its members at any time; the former chairman shall be simultaneously recalled through such election.

(3) The judicial board shall inform the Chairman of the court of election of its chairman.

§ 58

(1) The term of office of a judicial board shall equal 5 years.

(2) If a judicial board does not have the set number of members [§ 47 (1) and (2)], because it can no longer be supplemented by a substitute member, the term of office of the judicial board shall end upon expiry of 2 calendar months after the date when such situation occurred.

(3) A judicial board shall perform its competence also after expiry of the term of office, until a new judicial board is elected.

§ 59

(1) The office of member of the judicial board shall become extinguished

a)   upon extinguishment of the office of judge,

b)   upon transfer for the discharge of the office of judge to some other court,

c)   upon appointment to the office of Chairman or Vice-Chairman of the court, in relation to the Supreme Court, also the office of chairman of a division,

d)   upon expiry of the calendar month during which a notice was delivered to the Chairman of the court of resignation from the office of member of the judicial board,

e)   if the relevant person fails to perform the duties of a judge for health or other reasons for a period of 6 subsequent months,

f)    if a judge ceases to satisfy the condition of lack of criminal record pursuant to § 55 (2).

(2) In cases specified in paragraph 1 above, the office of member of a judicial board shall become extinguished on the day that directly follows after the day on which one of the decisive facts occurred.

(3) The office of substitute member of a judicial board shall become extinguished pursuant to paragraph 1 mutatis mutandis.

(4) If the office of member of a judicial board becomes extinguished, the first substitute member shall become a member of the judicial board.