Avramovski: The executive is invading the judicial power by interpellating the members of the Judicial Council

The Parliament does not have the power to dismiss members of the Judicial Council and this could be interpreted as an intrusion of the executive into the judicial branch, the director of the Coalition "All for a Fair Trial" told Trilling magazine after the interpellation submitted to the Parliament regarding five members of the Council elected in the legislature.

-Now, on the other hand, this can be interpreted as an intrusion of the executive into the judicial branch, but also into the legislative branch, because the interpellation is an issue raised by MPs, not members of the executive branch - believes Avramovski.

He explains the interpellation procedure and that even if it is voted on, given that 67 MPs have signed it, the members will still have to withdraw themselves.

-The interpellation procedure exists as an option that the Assembly can initiate against those officials who are elected by the Assembly. The interpellation does not mean that the mandate of the officials elected by the Assembly automatically ends. In such a situation, I agree with the President of the Judicial Council who says that only the Council in this situation can dismiss a member from its own ranks based on the legal provisions, while the Assembly, through the interpellation procedure, can only exert a form of pressure to force the members against whom the interpellation has been initiated and for whom the conclusion has been voted that they are not performing their duties in accordance with the intention of the body that elected them, and thus force them to withdraw from their positions - he says.

According to him, the core of the problem in the judiciary does not lie exclusively in the Judicial Council.

-The Assembly is the one that elects five of the members of the Judicial Council. If they are dissatisfied with the work of the prominent lawyers they elect to be members of the Council, the Assembly can in any case ask itself and revise its own actions – how and why it constantly elects people who obviously cannot perform this function properly. So before we start with some indications that the members of the Judicial Council will be dismissed, it would be much better if we saw a concrete plan for how the new members of the Judicial Council would be elected, so that we can at least be confident that we have some kind of plan, so that in the future it can provide some sustainable results in the long term – Avramovski says.

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