Thursday, July 19, 2012

Macedonian Politics Blamed for Failed Election of Judges :: Balkan ...

Skopje

The Judicial Council, a body that elects and dismisses judges in Macedonia, failed to elect four judges to the Supreme Court and the president of the court, because none of the candidates received enough votes.

The reason, those involved say, was the lack of political agreement between the main ruling centre-right VMRO DPMNE party and its junior partner the Albanian Democratic Union for Integration, DUI.? Their disagreements have already delayed a session of the Judicial Council dedicated to the election of judges for two months.

?Until the two ruling parties agree who should be elected, we cannot elect judges and the president of the Supreme Court?,?said a member of the Judicial Council, who asked to remain anonymous.

The problem, according to members of the Council, appeared when the DUI insisted on the appointment of Shpend Devaja, a lawyer from Skopje, as a Supreme Court judge. Devaja is the husband of the Deputy Prime Minister Teuta Arifi, who is responsible for European integration in the Macedonian government.

Devaja argues that there is no conflict of interest, because although his wife is a senior government minister, she does not directly participate in the selection of judges.

?Divisions and disagreement between VMRO DPMNE and DUI have resulted in the cancellation of judicial appointments. It is clear that the judiciary is a hostage to politics. The Judicial Council should openly admit why it has not selected any judges,? says Ana Pavlovska Daneva, the Vice President of the opposition Social Democrats.

There were three candidates for the post of President of the Supreme Court. The outgoing President, Jovo Vangelovski, withdrew his candidacy at the last minute. Judges Lidia Nedelkova and Risto Katevenovski did not receive sufficient votes.

? We need to select a President of the Supreme Court with both moral and professional qualities?, said Bojan Eftimov, a member of the Judicial Council.

The selection of judges is made by the Judicial Council, a body of 15 members, 8 of whom are judges. The remaining 7 members are representatives nominated by the political parties and the President of the State, whose appointment to the Council must be approved by the Parliament.

Until a new President of the Supreme Court is chosen, an acting president, appointed from among the existing judges, will lead the court.

After the failure of the election process, there is speculation that the DUI is now aiming for the post of the President of the Supreme Court. The prevailing opinion is that the DUI will back the current Ombudsman Ixhet Memeti for the post.

Memeti confirmed for Balkan Insight that he had indeed been approached with the offer a move to the Supreme Court.

?My mandate as Ombudsman ends in September. I was asked to become a judge and Vice President of the court. I will think it over,? said Ixhet Memeti.

In its annual reports on Macedonia, the European Commission has frequently identified political interference and the inefficiency of the judiciary as one of the country?s major flaws on its path to EU membership.

Due to summer vacations, new elections to the Supreme Court will be announced in September.

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Source: http://www.balkaninsight.com/en/article/macedonian-politics-blamed-for-failed-election-of-judges

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