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Венецианская комиссия о проблемах правосудия в современном мире: исследования продолжаются
The article continues a series of scientific and analytical studies on the review of the findings of the European Commission for Democracy through Law (Venice Commission) on the issues of judicial power and reforms. This review discusses the results of the 115th and 116th sessions of the Venice Commission, held in October and December 2018, respectively. The article outlines the expert positions of the Venice Commission regarding judicial reforms in Romania, Georgia, Kazakhstan and Malta.
Thus, the transformation of the judicial system in Romania takes place against the backdrop of the fight against corruption. Corruption offenses have led to a number of controversial legislative decisions, including increased control over judges and the expansion of the mechanism of their responsibility. The Venice Commission has come to the unequivocal conclusion that as a result of the reforms being conducted, a threat to the independence of judges is being created.
The authorities of Kazakhstan are reforming the bodies of the judicial community, in particular, the redistribution of powers between the Supreme Court and the Supreme Judicial Council. In general, while positively assessing the changes being made, the Venice Commission nevertheless made a number of recommendations on how to strengthen the independence of judges.
Georgia is undergoing reform of the judicial community. The proposed changes did not provoke lengthy comments from the Venice Commission, and the recommendations set out in the Opinion concerned the need to clarify the conceptual framework.
The judicial authority of Malta has also become the subject of attention of the Venice Commission. In general, while commending the development of the institutions of justice, the Commission strongly recommended reducing the remaining excessively high level of influence of the Prime Minister of Malta.