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"Դատական իշխանություն" գիտամեթոդական ամսագրի հուլիս-օգոստոս ամիսների միացյալ համարը կարող եք բեռնել` այցելելով "Դատական իշխանություն" բաժին: |
Acknowledgement
| REPORT OF ANNUAL MEETING OF EAJ HELD IN BORDEAUX |
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FRANCE 6-8 MAY 2010 The reports of previous year concerning the results of framework of the European Association of Judges were represented during the Meeting. Particularly, there was discussed “The Bordeaux Declaration”, adopted by The Consultative Council of European Judges (CCJE) and the Consultative Council of European Prosecutors (CCPE). It is noteworthy that the Declaration had been adopted at the request of the Committee of Ministers of the Council of Europe to provide an opinion on relationships between judges and prosecutors, which consists of declaration and its explanatory. In November 2009 the plenary of the CCJE and the plenary of the CCPE together at their common meeting in Slovenia adopted the “Bordeaux Declaration” on “Judges and Prosecutors in a Democratic Society”, which was a challenging task to find common grounds of judges and prosecutors, but in end an agreement on 13 articles was reached, accompanied by an explanatory memorandum. Among the very important conclusions is the necessity, that judges and prosecutors should both enjoy independence in respect of their functions and from each other and from the executive power. The last includes not only the exercise of their tasks, but also their recruitment, career and security of tenure.  It is noteworthy that the CCJE will elaborate an Opinion on the role of judges in the enforcement of judicial decisions in their relations with other state functions and other players and a request of a member of parliament accusing an Ukrainian judge of corruption concerning which the CCJE expressed that it is not its task to deal with a concrete case of this kind. Afterwards, there was the request of the Serbian Association of Judges concerning the re-electing of issued condemning the events in Serbia, concerning which the CCJE tried to draft a common declaration with the Venice Commission. It was indicated that the CCJE is going to investigate the issue concerning pressure in the judiciary and disciplinary actions against judges of Slovakia. There was a request of Italian judges about the current developments in this country, concerning which the CCJE entrusted its Italian member to monitor the situation and report at the next meeting. Other issues concerning assessment of the documentation of various judicial acts were represented and etc. A separate issue for discussion was the standards of European judiciaries, implementation of judicial acts, and effectiveness of judiciary. The foregoing discussions were made by the request of ministers of justice of the Republic of Armenia, Portugal, Malta, and Azerbaijan.  The other area of the framework of EAJ concerns to a draft of the new Recommendation, which shall replace Recommendation 94/12 of the Committee of Ministers. Besides, there were a discussion during which all delegates unanimously condemn arrest of judge Maria Lordes in Venesuela and it were adopted a decision to apply the authorities of the country for promptly release of a judge. Certainly, the basic acquisition for Armenian delegation was the questionnaire, that was included in the discussion of the Meeting. All participants of the Meeting apprehended the importance of the issue opened by Armenian delegation and agreed to involve the question in the agenda, which, by the way, became an issue of active discussion for all delegates. Armenian delegation presented the following questions which were included in the questionnaire: 1. Is there an existing legislation in your country on initiating disciplinary proceeding against the judges on the basis of ECHR legal opinions, taking into account that ECHR judgments are usually being delivered many years after adopting the final judgment by national courts? 2. Is there an existing practice in your country on initiating disciplinary proceeding against the judges on the basis of ECHR legal opinions, taking into account that ECHR judgments are usually being delivered many years after adopting the final judgment by national courts? 3. Is there an existing legislation and practice in your country on initiating disciplinary proceeding against the judges of the Supreme Court, on the basis of ECHR legal opinions, if decisions in such courts are made collegially and there is no “special opinion” institute?  Delegates from over 26 following European countries answered this questionnaire: Austria, Denmark, Portugal, Malta, Israel, Poland, Croatia, Finland, Italy, Bulgaria, Netherlands, Luxembourg, Slovenia, Norway, Belgium, Iceland, Switzerland, Latvia, Estonia, Lithuania, Serbia, United Kingdom, Germany, Azerbaijan, Georgia, Moldova. Thus, after summarizing the results it appeared that there weren’t such kind of experience in any European country, moreover, all delegates expressed a negative point of view concerning this occurrence. And certainly, we feel the need to express our cordial gratitude to OSCE Office in Yerevan, and particularly, Ambassador Kapinos for a supporting of the participation of Armenian delegation in this Meeting. |
From 6-8 of May, 2010 the Annual Meeting of EAJ took place in Bordeaux, France, in which participated delegates from over 26 European countries.