PROCLAMATION

The undersigned Judges of the Courts of all instances in the Slovak Republic:

Under influence of the longterm and unsustainable situation in the Slovak judiciary, with the sense of responsibility for proper performance of judicial position and judiciary as a whole, we wish to discuss current problems in judiciary in public, to look for effective ways to remedy and solutions to create efficient and stable model of the Slovak judiciary.

Our Analysis of Current Situation in Judiciary is annexed to this Proclamation.

Current medialised notice of judges and the open letter of a group of judges addressed to competent constitutional officials have not received any adequate answer. Serious impacts to independence of judges coming from the annexed Analysis, are not the matter of the involved judges but of the whole judiciary, because any judge may trigger reasons for which he/she might become uncomfortable and no authority in this country would support him/her with needed protection. This is also the problem of the whole society, because without independent judiciary no rule of law exists and those who govern judiciary will govern also all functions in this country.

We appeal to the whole judiciary, wide civic public, politicians, non-governmental organisations, media, authorities of the European Union and International Association of Judges (UIM) to support our effort to change existing relations in judiciary.

Change and remedy can be made only by modified laws and other adopted efficient measures and in long term view by modified Constitution.

We consider preference of adoption of the following legislative modifications and measures:

- To transfer the decision making on interim suspension of judicial position from competence of the Minister of Justice and the Judicial Council of the Slovak Republic to the Disciplinary Court;

- To harmonise the Act 385/2000 Coll. on Judges and Associate Judges with the Constitution to enable the disciplinary measure to remove a judge only for significant disciplinary failure incompatible with his/her judicial position pursuant to § 116 (3) of this Act, and only for defined actions a judicial position may be suspended  pursuant to § 22 (1) of this Act;

- To define the obligation to publish disciplinary decisions of the Courts at the Internet after anonymising personal data by law;

- To modify provisions of the Act 385/2000 Coll. defining procedure creating chairmen of gremia and boards and of creating members of selection committees in selection procedure for free judicial positions and their carrier continuation. To resume the legislation applicable prior to 1 January 2009 according to which chairmen of gremia and boards will again be elected by teams of judges and majority of members of selection committees will be again proposed by authorities of the judicial self-administration;

- For the purpose of protecting specialisation of judges to modify the Act 382/2000 Coll. and add a provision according to which a judge may be transferred to another gremium or board only with his/her approval, and without approval of a judge only upon strictly defined requirements specified by law with guaranteed adequate period for his/her expert training for decision making in agenda of other area of law;

- To modify legislation defining position and activities of the Judicial Council to reach the situation that the Judicial Board is obliged to properly reason any decision in personal affairs of judges, unless excluded by nature of such case and in these cases members of the Board would not be allowed to sustain voting;

- To define exact criteria in law for evaluation of the work of a judge, state of excessive overload of judges and whole Courts;

- To take measures that the press monitoring processed by the Ministry of Justice is not censored and contains all significant information and reports related to judiciary, and is available for all judges, not only in some Courts.

We propose to adopt necessary system changes that can be only reached by modified Constitution upon wide expert discussion of judges, representatives of legislative and executive powers, legal professions, to develop and guarantee a long term stable and harmonised judicial system.

After fulfilling these basic changes it will be possible to create a judicial system that would in reality guarantee implementation of the constitutional principle that means judiciary in the Slovak Republic is performed by independent and impartial Courts separately from other state authorities.

26 September 2009

Judges:

1. Katarína Javorčíková, Regional Court in Bratislava
2. Juraj Babjak, SOB, Regional Court in Banská Bystrica
3. Ľudmila Babjaková, SOB, Regional Court in Košice
4. Štefan Baláž, Regional Court Banská Bystrica
5. Daniela Baranová, District Court Prešov
6. Ivan Bartek, District Court Bratislava III
7. Peter Bebej, District Court Dolný Kubín
8. Iveta Bebejová, District Court Dolný Kubín
9. Igor Belko, Supreme Court SR
10. Eva Benčová, District Court Banská Bystrica
11. Anna Benešová, Regional Court in Bratislava
12. Daniela Bergerová, District Court Bratislava V
13. Elena Berthotyová, Supreme Court SR
14. Matilda Bodnariková, District Court Michalovce
15. Dušan Čimo, SOB, Regional Court in Trnava
16. Ivana Dančová, District Court Bratislava II
17. Jana Dubovcová, SOB, District Court Banská Bystrica
18. Elena Ďuranová, Regional Court Bratislava
19. Zuzana Ďurišová, Supreme Court SR
20. Anna Elexová, Supreme Court SR
21. Pavol Farkaš, Supreme Court SR
22. Miroslav Gavalec, Supreme Court SR
23. Richard Golis, District Court Čadca
24. Peter Hatala, Supreme Court SR
25. Jana Henčeková, Supreme Court SR
26. Martin Holič, District Court Galanta
27. Martina Hrušovská, District Court Bratislava V
28. Eva Hudobová, Supreme Court SR
29. Andrej Chuda, District Court Michalovce
30. Magda Chudová, District Court Michalovce
31. Anton Jaček, SOB, Regional Court in Trnava
32. Dana Káčerová, District Court Bratislava I
33. Jozef Kandera, Supreme Court SR
34. Milan Karabín, Supreme Court SR
35. Juraj Kliment, Supreme Court SR
36. Eva Kmeťová, Regional Court Banská Bystrica
37. Tatiana Koprdová – Redenkovičová, District Court Bratislava I
38. Darina Kuchtová, SOB, Regional Court in Bratislava
39. Marta Lauková, District Court Bratislava I
40. Miroslav Lehoczký, District Court Malacky
41. Martin Lopuch, District Court Michalovce
42. Milan Mitterpák, District Court Michalovce
43. Martin Murgaš, Regional Court Bratislava
44. Erik Németh, Regional Court Nitra
45. Peter Paluda, Supreme Court SR
46. Blanka Podmajerská, Regional Court in Bratislava
47. Karol Posluch, District Court Bratislava II
48. Juraj Považan, Regional Court in Bratislava
49. Daniela Pristášová, District Court Michalovce,
50. Peter Pulman, District Court Banská Bystrica
51. Marcela Řepková, retired judge
52. Pavel Rohárik, District Court Banská Bystrica
53. Milan Růžička, District Court Veľký Krtíš
54. Pavol Sládok, Regional Court Trnava
55. Stanislav Sojka, District Court Michalovce
56. Milan Stanek, District Court Bratislava II
57. Rastislav Stieranka, District Court Dolný Kubín
58. Martin Strečanský, District Court Michalovce
59. Peter Szabo, Supreme Court SR
60. Edita Szabová, Regional Court in Bratislava
61. Ľuboš Szigeti, District Court Galanta
62. Iveta Šnapková, District Court Banská Bystrica
63. Peter Štift, District Court Bratislava II
64. Alena Švehlová, District Court Liptovský Mikuláš
65. Daniela Terenová, District Court Bratislava II
66. Mária Tóthová, District Court Trenčín
67. Marián Trenčan, Regional Court Bratislava
68. Milan Trylč, District Court Senica
69. Sergej Tverďák, District Court Prešov
70. Marián Vorobel, District Court Prešov
71. Beáta Vrťová, SOB, District Court Banská Bystrica
72. – 85. judges who do not agree to have their names published and their approval is deposited in evidence



Contact persons:

1. Katarína Javorčíková,  Judge of Regional Court  in Bratislava, This email address is being protected from spambots. You need JavaScript enabled to view it.
2. Miroslav Gavalec, Judge of Supreme Court of the Slovak Republic, This email address is being protected from spambots. You need JavaScript enabled to view it.
3. Dušan Čimo, Judge of Regional Court in Trnava, This email address is being protected from spambots. You need JavaScript enabled to view it.

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