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appointment of judges. The Constitution allows possibility
to initially appoint judges with the probation period,
although, there is an opinion that assignment should take
place without any probation period. I believe that judges
should be assigned with the lifetime tenures and it is not
necessary to have probation period, because we have very
well functioning system of High School of Justice for
assignment and continues education for judges. Besides
that, it is my request to the government that currently
sitting judges should be also appointed for life. Some of
them have 1, 2, 3, 4 remaining years. If this does not
happen, establishment of unstable process will be
supported, because judges will be expecting expiration of
their term and while thinking about possibility to extend
their term, and the quality of their work will be reduced. I
believe that a faithful and a professional judge, appointed
with lifetime tenure, will have high sense of stability and
this directly effects his / her proper and objective
activities. Judge that will commit a crime may not be
protected by the tenure and will be kept liable anyway,
lifetime tenure does not mean “immortality”, there is no
immunity in case he /she commits a crime.
And here we came across the issue that is especially
urgent in recent times: we hear a lot of complaints
regarding politicized judiciary, when speaking
on this, there are specific examples brought.
_ Representatives of the new government used to make
similar statements against the courts since October 1,
however not any more. I believe that this complaint does
not refer to the judiciary as a whole, because the system,
in general, functions objectively and independently.
Accusations refer to special categories of cases. Politicians
discuss decisions made on these cases before media and
state that certain arrests were political and this is
absolutely unreasoned.
Mr. Kote, you have never mentioned that
judiciary is absolutely independent, you would
always refer to certain shortcomings and only
after addressing those, we would reach the full
independence of the judiciary. It is interesting
to know why after so many years of reforms,
process is still not fulfilled, and what are these
shortcomings?
_ I agree, I have never said that the judiciary is
completely independent and while saying this, I meant the
lifetime tenures of judges. This is one of the legal
constitutional safeguards for the proper functioning of the
courts. We have been creating conditions during these
eight years, where judiciary should be independent. We
increased remunerations of judges because financial
independence of judges is another grounds for the judicial
independence. We solved another issue as well – we
created rather good social conditions for judges, besides
the remuneration, they have good state insurance; they
have various exemptions – that solved their social
problems. We established High School of Justice –
excellent system of selection and continues education of
judges. It will take long to discuss all achievements of
these 8 years, but to say briefly, during these years we were
establishing needed legal framework for the independence
of the judiciary, and this will lay strong grounds for the
stable and independent judiciary. The only remaining
thing to be done is the lifetime tenure of judges.
Lifetime tenure is a type of immunity for the good faith
and professional judges, he / she is fully independent in
the activities, no one can interfere, no one can instruct
what and how things should be done. This is a great sense
of freedom, judge will not think of certain social or other
problems. Thus, this is exactly what I mean when I speak
about the system stability.
Judges should not be affected by the political changes in
the country, no matter how many times either President of
Prime Minister of the Country is changed, a judge should
not feel as part of these changes. He / she should be
occupied with own work only and in case a judge has to
try a case of the Minister of Finance or other
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