Nadzor nad zakonitim sodnikom pri (pre)dodeljevanju spisov

slovenian

2023

volume 49, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

For the sake of the transparency of the judiciary, the procedure for assigning cases should be unified, especially in the case of assignment in the event of a judge being overworked or absent for a long time. In these cases, the courts assign cases in different ways, some by changing the annual schedule, without the change of the annual schedule following the procedure established by the rules, others by order of the president of the court. Whether a judge has an excessive workload is not determined only on the basis of a static display of open pending cases that the judges of an individual legal field have in their work. The president of the court must compare the workload of all judges, and also take into account the performance of the judges, and in the event that it is determined that an individual judge significantly deviates negatively from the number of resolved cases compared to other judges and that there is no justified reason for this, take other measures, because the relief in such a case is not fair. Control over the judiciary within the system of checks and balances is carried out by other branches of government, of course, without interfering with its core function - judging concrete cases, which is why the Service for the Supervision of Court Administration under the Ministry of Justice is a legitimate internal organisational unit, and by monitoring the operation of the court or the affairs of the Court Administration, it does not interfere with the judges and judicial institutional independence. Even if the Service for the Supervision of Court Administration finds a violation concerning the decision of the Court Administration, such a finding does not affect the correctness of the court decision, nor does it mean an interference with the internal independence of the judge, because the Minister of Justice does not have the authority to assess the correctness and legality of court decisions.

09.05.2024