Carefully study the establishment of the National Judicial Council

Continuing the 26th Session, on the afternoon of September 18, the National Assembly Standing Committee gave opinions on the Draft Law on Organization of People's Courts (amended).

Reporting at the meeting, Deputy Chief Justice of the Supreme People's Court Nguyen Van Tien said that the Draft Law stipulates the establishment of the National Judicial Council on the basis of inheriting the organization and operation of the National Council for Selection and Supervision of Judges; at the same time, it supplements the functions, tasks, powers and composition of the National Judicial Council.

Specifically, the National Judicial Council has the function of selecting and submitting to the President for appointment and dismissal of judges; reviewing complaints related to the appointment, dismissal, removal, commendation and discipline of judges; supervising the allocation of staff, budget and resources for People's Courts; protecting judges... to enhance objectivity and transparency in the allocation of budget and staff for Courts, thereby ensuring independence in the activities of judges and independence between Court levels; preventing the possibility that leaders and managers use the work of appointment, dismissal, removal, commendation, discipline or other administrative measures as a tool to influence and affect the independence of judges in adjudication.

Overview of the Session. Photo: QH.

According to the Deputy Chief Justice of the Supreme People's Court, this is a concrete step to institutionalize the task of "Perfecting the mechanism to overcome the situation where the relationship between court levels is an administrative relationship, ensuring independence between trial levels and the independence of judges and jurors when trying cases" as set forth in Resolution No. 27-NQ/TW.

Presenting the review report, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that the majority of opinions believe that the establishment of the National Judicial Council is a very big issue that needs to be carefully studied. Resolution 27 and the 2013 Constitution do not stipulate the National Judicial Council. The Supreme People's Court proposed to establish the National Judicial Council on the basis of inheriting the organization and tasks of the National Council for Selection and Supervision of Judges and adding a number of new tasks compared to the current Law.

However, the new tasks added in the Draft Law can be assigned to the National Council for Selection and Supervision of Judges according to the current Law. Practice shows that since its establishment, this Council has been fulfilling its assigned tasks well. Therefore, it is proposed not to establish the National Judicial Council, but to maintain the provisions on the National Council for Selection and Supervision of Judges.

Some opinions agree with the Draft Law on the establishment of the National Judicial Council on the basis of inheriting the current organization and tasks of the National Council for Selection and Supervision of Judges and adding a number of new tasks to ensure the Council operates effectively; including the tasks and powers to supervise the allocation of staff, budget, and resources to the Courts; protect judges...

At the meeting, giving opinions on the National Judicial Council, Chairman of the National Assembly's Law Committee Hoang Thanh Tung agreed in principle to strengthen and perfect the National Council for Selection and Supervision of Judges. However, he requested the Drafting Committee to clarify whether the establishment of the Council met the purposes and requirements set out in Resolution No. 27-NQ/TW dated November 9, 2022 of the 13th Party Central Committee on continuing to build and perfect the socialist rule of law state of Vietnam in the new period? Because the goal of Resolution 27 is to overcome administrative relations, but the main component in the draft law is the leadership of the Supreme People's Court, operating under a part-time regime. The delegate also requested to clarify the roles and responsibilities of each member of the National Judicial Council, and the feasibility of assigning the National Assembly Standing Committee to decide on the members of the National Judicial Council.

Basically agreeing with the need to amend the Law on People's Courts, highly appreciating the drafting agency in the process of building the draft law, summarizing practices, referring to international experience, but Chairwoman of the National Assembly's Social Committee Nguyen Thuy Anh commented that the policy impact assessment report is still qualitative, not quantitative, especially the policy on ensuring resources to build a modern Court operating effectively and efficiently; suggesting that the drafting committee review and supplement the report.

Chairwoman Nguyen Thuy Anh said that the regulation to establish the National Judicial Council on the basis of inheriting and supplementing the functions and tasks of the National Council for Selection and Supervision of Judges is acceptable. She proposed to stipulate that the President is the Chairman of the National Judicial Council and at the same time add a member of the Council to be a representative of the National Assembly's Judicial Committee.

Source dangcongsan

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