The constitutional reform of the Judicial Council in the Slovak Republic from the European comparative context

Simona FARKAÅ Ovã ()
Additional contact information
Simona FARKAÅ Ovã: Faculty of Law, University of Pavol Jozef Safarik in Kosice, Slovakia

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 2, 142-176

Abstract: This contribution responds to the so-called judicial amendment to the Constitution of the Slovak Republic of 9 December 2020, which was published in the Collection of Law No. 422/2020, which resulted, inter alia, in major changes of the position, composition, and powers of the Judicial Council of the SR; the author points to the evolution of the Slovak Judicial Council since 2001 as well as summarizes the circumstances that led to its establishment, also changes in its constitutional status, composition, presidency, and competencies. The contribution includes concrete details how, according to recent constitutional reform, the system of checks and balances in the composition of the Judicial Council of the Slovak republic was implemented, to eliminate the judicial corporatism and negative consequences of political influence on that matter. The essential part of this document is the comparative analysis of the selected aspects of the composition of judicial councils in the selected European states. Special attention is paid to the issue of the majority of the judges among other members and the influence of the political forces in the process of selecting the members of the judicial councils. All of these used methods of scientific researchled the author to formulate and identify the system of checks and balances in the composition of the judicial councils to ensure the independence and effectiveness of the judicial council and even for the whole judiciary in a national and/or European environment.

Keywords: the Judicial Council of the Slovak Republic; the system of checks and balances; the composition of the judicial councils; the presidency of the judicial councils; the Judicial Councils of the Southern model. (search for similar items in EconPapers)
JEL-codes: K19 K40 (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://tribunajuridica.eu/arhiva/An12v2/1.%20Simona%20Farkasova.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:12:y:2022:i:2:p:142-176

Access Statistics for this article

More articles in Juridical Tribune - Review of Comparative and International Law from Bucharest Academy of Economic Studies Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().