| Abstract [eng] |
Practical and Legal Aspects of the Dismissal of a Judge In this master’s thesis grounds and procedures for dismissal of juries based on significant legal acts, relevant court practice and official doctrine of the Constitutional Court were analyzed. This legislation has highlighted the importance of the principle of judicial independence to the legal system. Procedures for applying the principle of judicial independence as well as warranty the principle ensures were discussed. The judges, as holders of judicial office, are able to exercise judicial powers independently which then ensures everyone right to a fair and impartial trial. Additionally, international legal acts that establish norms for regulating the work of judges and courts were presented. This paper discusses basic principles to be followed by the judges when appointed, requirements for their professional qualification and court proceedings as well as tenure limitations. Recommendations provided by international institutions should apply for all democratic States in order to ensure the rule of law, protect human rights and create a common legal framework. Furthermore a lot of attention was paid to the independent institutions that ensure the implementation of these principles, rules and recommendations. Additionally, tasks set for the Council of Judges and the Court of Honor of Judges and their operational functions were discussed. After all, the Council of Judges is a counterweight to the President of the Republic in deciding the issue of dismissal of a judge. In each particular case, when deciding on the dismissal or transfer of judges, the Council of Judges should not only assess the objective facts (e. g. term of office expires or compulsory retirement age is reached), but also determine whether, depending on the basis for dismissal, the decision to resign is fully voluntarily or the state of health is truly incompatible with holding office. After analyzing the theoretical side of reasons for dismissal of judge, relevant court justification practice examples that are related to the particular ground were discussed. |
