Published on November 15, 2024 at 11:21. / Modified on November 15, 2024 at 1:17 p.m.
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The Council of State has tabled two bills which affect justice and which involve constitutional changes.
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The most sensitive concerns the prerogatives of the Superior Council of the Judiciary (CSM).
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The project aims to relieve this supervisory body by removing the notice necessary for any election or re-election of a magistrate.
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Instead, the CSM will be able to exercise permanent control of skills and relieve anyone who is not in their place.
While the idea of establishing disciplinary supervision of federal judges is still simmering in Bern, Geneva, which has had a Superior Judicial Council (CSM) for ages, is preparing to shake up its prerogatives. The main idea is to abandon the notice period – a sort of sesame necessary for any candidate seeking a position or re-election within the judiciary -, everyone being more or less in agreement to say that the exercise is is transformed into a gas factory and that it hardly makes it possible to seriously assess the abilities of new suitors, nor to rule out those who are dysfunctional. As a counterpart, the Council of State’s bill proposes a permanent mechanism to control skills, impose training or coaching and, if nothing works, to relieve the irrecoverable item in question.
Desired by the new cantonal Constitution, the introduction of this notice aimed to add a touch of professional selection to the political distribution of third power positions. Since the end of 2013, any candidate for a position as a titular magistrate (a lawyer’s certificate and three years of experience are required), as a substitute or as an assessor, must request this document (valid for one year), whether to enter in the house, to change position or to be re-elected to his office.
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