Constitutional Court says President may dissolve courts


The Constitutional Court has ruled that the extension of the President’s power to include both creation and dissolution of courts is constitutional.

The judgement regarding a norm from the Law on the Judicial System and Status of Judges, adopted last July, was announced on Thursday.  It stated that the right of the President to dissolve general jurisdiction courts is an inalienable part of his constitutional right to create them.  The

The Constitutional Court also declared constitutional a number of other provisions of this law, as well as provisions of the Law on the Higher Council of Justice. The latter’s constitutionality had been disputed by 54 National Deputies.

The Constitutional Court found constitutional the provisions according to which the vote for the appointment of a judge to indefinite tenure must be repeated if a constitutional majority is not received.

It was also deemed constitutional that the State Judicial Administration had been given the right to determine the number of judges in courts, and the right of the President to move judges from one court to another.

They also saw as constitutional the right given the High Council of Justice to examine complaints against decisions by the High Qualifying Commission of Judges regarding results of qualifying exams for the position of judge, as well as refusals to recommend one or other candidate to be appointed judge. 

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