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November 19, 2019

CSM report: Supreme Court’s constitutional role in securing consistent application of law should be enhanced

The Supreme Court’s role in securing consistent application of law by the other courthouses should be enhanced, reads a recent report by a working group with the Supreme Council of Magistracy (CSM).

The report says that can be achieved by curtailing the organisation charts of judges and assistant magistrates, with such positions to be redistributed to other courthouses faced with difficulties in terms of caseload as well as by getting the judges of the Supreme Court connected to the jurisdictional realities of courts.

“Likewise, court leading collegial boards should be encouraged as well as courts that will be allowed by procedural competences to notify the Supreme Court with challenges in the interest of the law and precedent notification reports to the Supreme Courts for the interpretation of legal matters,” the report says.

The document also says the role of the Supreme Court in relation to its constitutional powers had increased because of courthouses having realised this role as far as the mechanism of precedent decision under which the Supreme Court rules for all judges is concerned.

The aim of the working group that drew up the report was to analyse the impacts of the new codes of law on the activity of courthouses and prosecutorial offices and then to submit to CSM recommendations to increase efficiency and improve activity of courthouses and prosecutorial offices.

Five objectives were involved in the analysis that are linked to each other. They comprise a history prior to the coming into force of the new codes; a history after their coming into force; an analysis of statistics data and dynamics of the courthouses and prosecutorial offices against the transition from the old to the mew codes; infrastructure and providing conclusions/recommendations from the working group.

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