Measure 1.3.1
“Completion of procedures for the appointment, promotion, transfer of magistrates graduated from the SoM”
This measure is valid for both outcomes 1.3.1 and 1.3.2, given the fact that judges and prosecutors are appointed, promoted, transferred respectively by the HJC and HPC upon their graduation from the SoM. This measure, from the way it is developed, looks more like an outcome than a measure in itself, and for that it needs to be reformulated. First, the process of appointing, promoting or transferring magistrates is an ongoing and annual process and should be rewritten to avoid it being a single process (derived from the use of the word “completion”). Secondly, performing the procedures of appointment, promotion, transfer of magistrates graduated from the SoM, constitutes a basic functional task of these institutions and does not necessarily lead to the achievement of the outcome for the performance of this task (appointment, promotion, transfer of magistrates graduated from SoM) according to standards. Third, Outcomes 1.3.1 and 1.3.2 focus, inter alia, on the capacities and resources of the HJC and HPC, and this measure alone does not meet the above Outcomes in their entirety. It should therefore be accompanied by measures leading to increased resources and capacities in all elements or components mentioned in Outcomes 1.3.1 and 1.3.2 and Objective 1.3. There are currently no such concrete measures in the HPC Strategic Plan, whereas the HJC Strategic Plan is still being drafted.
One measure that could affect the appointment, promotion and transfer of magistrates according to the rules and standards required and approved could be: Increasing the transparency of decision-making in the process of their appointment, transfer and promotion. Such a measure is currently foreseen in the CJS I 2018-2021 Action Plan.
Also, despite the fact that the results focus only on the capacities of the HJC and HPC, the current situation in which the judicial and prosecution system finds itself, due to the reduction of the total number of magistrates, as well as due to the still unapproved judicial map, may result in failure to achieve the above outcomes only through this measure. It should also be remembered that this year (2021) there will be no initial appointments by HJC and HPC due to lack of admissions for this purpose in 2018-2019. An exception in this case are legal advisors, who have completed the 1-year training course.
Conclusion: The possibility of rewriting this measure should be considered to adapt it to Outcomes 1.3.1 and 1.3.2, namely with the performance of the activities of the HJC and the HPC for the appointment, promotion and transfer of judges, prosecutors and/or of legal advisors according to the required and approved rules and standards. Also, this measure should be accompanied by additional measures aimed at consolidating institutions both in terms of capacity and resources and transparency. Regarding the latter, we suggest to include as a measure “Making the decision-making process transparent regarding the appointments, transfers and promotions of magistrates