Commission Report 2002 (Slovakia)

The judicial system

In April 2002, the Act on the Judicial Council was adopted and, subsequently, all its 18 members elected. The Judicial Council will decide, inter alia, on the assignment and transfer of judges, elect and recall chairpersons of ``disciplinary senates'', and submit to the President of the Slovak Republic proposals for nominations for appointing and recalling judges. It will also nominate candidates for the posts of the President and Vice-president of the Supreme Court, comment on budget drafts for the judiciary (as part of the budget of the Ministry of Justice) and for the Supreme Court. It will also advise on draft legislation concerning the organisation of the judiciary.

The Act on Higher Court Officials was adopted by the Slovak Parliament in June 2002. According to this Act, these officials are entitled to carry out specific court duties in civil and criminal proceedings within the scope set out by the law. In the first stage, 200 higher court officials are to be employed. The introduction of the function of Higher Court Officials is expected to reduce the workload of judges and thus to further speed up court proceedings.

An amendment to the Act on Judges and Lay Judges was adopted in April 2002. According to the Act, the function of a judge is incompatible with any other function in public bodies or the private sector, with business activities, or any other gainful activity. The amendment also lays down the obligation to present a property declaration on a yearly basis.

The provisions of the Act on the Public Prosecution Services and the Act on Prosecutors and Candidate Prosecutors, which entered into force in May 2001 and introduced, inter alia, a new more transparent promotion procedure and a permanent disciplinary commission, are being gradually implemented. The Prosecutor General has issued instructions concerning the procedures for recruiting candidates for the post of prosecutor. The Council of Prosecutors of Slovakia was elected, and established the commissions responsible for selection and disciplinary measures. For the first time, all prosecutors filed a property declaration in accordance with the obligation introduced by the Act on Prosecutors and Candidate Prosecutors. The Act on Professional Training of the Staff of the Prosecution Offices was approved by the Parliament in July 2002.

In a further positive development, a Code of Ethics for Judges was adopted in October 2001, laying down the basic principles of judicial integrity. However, surveys indicate that the public perceives there to be a high level of corruption in the judiciary. There is still concern about the level of professional impartiality and political neutrality amongst some parts of the judiciary.

In February 2002, the Parliament passed an amendment to the Act on the Organisation of the Constitutional Court of the Slovak Republic. The aim of the amendment is to extend the competencies of the Constitutional Court by widening access for individuals to this Court. The Court was further granted the authority to suspend the effect and enforceability of statutory regulations in the event of human rights and freedoms being jeopardised or economic damage being imminent. Based on the amendment, the Court has already awarded pecuniary satisfaction to individuals whose fundamental rights have been violated. In accordance with the constitutional amendment of last year, the number of judges at the Court has been increased from 10 to 13.

An amendment to the Act on Judicial Executors and Execution Proceedings was adopted by Parliament with effect from February 2002, aiming at increasing the effectiveness of execution proceedings and eliminating delays. This is an important step forward in improving the execution of judgements.

The Code of Criminal Procedure was amended in June 2002, aiming at accelerating the formal investigation as well as the criminal procedure. The amendment introduces a new alternative form of resolving matters in criminal proceedings (i.e. conciliation). This new institution should speed up court proceedings and decision-making while at the same time securing the rights of the parties involved, whose consent is required for conciliation. The amendment also aims at simplifying the pre-trial procedure by removing the existing overlaps between the functions of the police authorities and the investigators, and by strengthening the role of the prosecutor in criminal proceedings. This should contribute to ensuring the accountability and transparency of the investigation procedure. The Court Management System, which allows the random allocation of civil and commercial cases, started to be implemented in the reporting period through pilot projects. This pilot phase has demonstrated that the system improves the efficiency of the court's administrative proceedings and reduces the delays in first-instance proceedings. Modernising current equipment and providing new equipment to courts were needed is also necessary.

These developments are most welcome, and represent considerable progress. Due attention should now be given to ensuring their proper implementation, including by making the necessary funds available. In particular, it will be important that the newly established Judicial Council can play its role to the full.

The judicial system in Slovakia comprises three tiers: District Courts, Regional Courts (Courts of Appeal) and the Supreme Court. At present, there are 55 District Courts and 8 Regional Courts. Regional Courts function both as courts of appeal to the District Courts and, in certain cases, as courts of first instance. The Supreme Court of the Slovak Republic is the highest judicial authority in the country, working as a court of cassation, and as a court of appeal in cases dealt with at first instance by a regional court. Finally, the Constitutional Court is an independent authority, set up to protect compliance with the constitution.

The length of proceedings, in particular in civil and commercial cases, remains a cause of concern, although last year's amendment to the Code of Civil Procedure, extending the first-instance competencies of the district courts and limiting appeals to regional courts, has contributed to alleviating this situation. The heavy caseload has remained. The number of judges has slightly increased from 1 278 to 1 295. In 2001, the number of cases filed reached approximately 900 000, thus staying at about the same level as reported last year. The duration of judicial proceedings, with an average length of almost 14 months in civil cases, remains an issue for concern. The average length of criminal proceedings was around 4 months.

In April 2002, the Parliament adopted the Act on Private Arbitration. It substantially expands the types of matters that may be subject to arbitration. Arbitration can now also be used by foreign entities. The application of this Act is expected to contribute to reducing the workload of courts.

As regards the institutional framework for the training of judges, the Ministry of Justice is currently the responsible authority. Following the aforementioned adoption of the Act on the Judicial Council in April 2002, this body will determine the content of the training of judges in agreement with the Minister of Justice. So far, training has been organised by many different bodies. No comprehensive training structure yet exists for the judiciary or the prosecution service. It is important to develop a modern training system, capable of providing appropriate initial and continued training, including on EC law, as well as management training. Comprehensive training needs to be provided for the judiciary, prosecution service and the administrative staff working in the judicial system.

Based on the Slovak Constitution, the Codes of Criminal and Civil Procedure provide for the possibility to grant legal aid in criminal and civil proceedings.

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