Working Group on Constitutional guarantees for the independence of the judiciary

Goals and results

The task of the working group is to examine and assess whether the current Constitution and other legislation directly affecting the independence of the judiciary safeguard the independence of the judiciary and to make possible proposals for legislative amendments to this effect, including justifications.

The assessment must pay particular attention to the provisions of the Constitution in force concerning the number of judges in the highest courts, the right to remain in office, the procedure for appointing judges and offences in office.

The examination and assessment shall apply not only to the court system but also to the prosecution service, the enforcement service, the Criminal Sanctions Agency, the advocacy system and the legal counsel.

The working group is also tasked with assessing the timeliness of the requirement of transparency laid down in section 106 of the Constitution and, if necessary, making a proposal for amending section 106 of the Constitution with justifications.

The working group must prepare a part of its report on legislative amendments in the form of a government proposal.

Summary

The aim of the working group is to propose legislative amendments required for the independence of the judiciary, in particular by ensuring constitutional guarantees for the independence of the judiciary. The working group is set up by a working group appointed by the Ministry of Justice in 2023 to examine the development of the judicial system and operates in connection with it.

Starting points

On 1.2.2023, the Ministry of Justice appointed a working group on the protection of the rule of law and the development of the judicial system (hereinafter referred to as the working group on the judiciary). One of the six tasks of the working group on the judiciary is to assess the needs to amend the Constitution and other legislation necessary from the perspective of the strong independence of the judiciary and to make proposals for legislative projects to implement this. The working group on the judiciary has considered it appropriate to set up a separate working group in connection with the preparation of this assessment and proposals.

Additional information

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