President of the Republic of Lithuania
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Current version from 24 February 2012
PRESIDENT OF THE REPUBLIC OF LITHUANIA
DECREE
ON THE APPROVAL OF THE RULES OF PROCEDURE OF THE COMMISSION ON THE SELECTION OF CANDIDATES FOR JUDICIAL OFFICE
29 August 2008No1K-1494
Vilnius
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Article 1
Pursuant to Article 77 of the Constitution of the Republic of Lithuania and Article 551(1) of the Republic of Lithuania Law on Courts I hereby
a p p r o v e the Rules of Procedure of the Commission on the Selection of Candidates for Judicial Office (appended).
Article 2
This Decree shall take effect on the date of its signature.
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PRESIDENT OF THE REPUBLIC / VALDAS ADAMKUSNew version of the Rules of Procedure:
No1K-102, 08/09/2009,Official Gazette, 2009, No 109-4577(11/09/2009)
APPROVED
By the Decree of the President of the Republic No 1K-102
of 8 September 2009
RULES OF PROCEDURE OF THE COMMISSION ON THE SELECTION OF CANDIDATES FOR JUDICIAL OFFICE
I. GENERAL PROVISIONS
1. The purpose of the Commission on the Selection of Candidates for Judicial Officeformed according to Article 551 of the Republic of Lithuania Law on Courts (hereinafter referred to as the ‘Selection Commission’ or the ‘Commission’) is to assist the President of the Republic in selecting the best candidates for the positions of judges, Presidents and Vice-Presidents of courts of general jurisdiction and administrative courts of the Republic of Lithuania as well as Presidents of divisions of such courts.
2.The Selection Commission shall work in accordance with the Constitution of the Republic of Lithuania, the Republic of Lithuania Law on Courts, these Rules of Procedure of the Commission on the Selection of Candidates for Judicial Office (hereinafter referred to as the ‘Procedure’) and other laws and legal acts of the Republic of Lithuania.
3. Work of the Selection Commission shall be governed by the principles of collegiality, impartiality, independence, objectivity and lawfulness.
4. The Selection Commission shall select candidates for the positions of: 4.1. judges of district courts;
4.2. judges of regional courts, regional administrative courts, the Court of Appeal of Lithuania and the Supreme Administrative Court of Lithuania, i. e. candidates seeking a judge‘s career;
4.3.the President and the Vice-President of district courts, regional courts, regional administrative courts, the Supreme Administrative Court of Lithuania and the Court of Appeal of Lithuania as well as the President of a division of any of these courts, i.e. candidates seeking a career in courts of the same instance;
4.4. judges wishing to be transferred to another court of the same instance within the same or different jurisdiction;
4.5. judges wishing to be appointed to a court of a lower instance or a court of a lower instance of another jurisdiction; former judges of any court of a higher instance who had been dismissed from work at their own request, elected to another position or transferred to another job with their consent and who wish to be appointed to any court of the same or lower instance, provided that five years have not elapsed from the end of work as a judge.
II. COMPOSITION, RIGHTS AND OBLIGATIONS OF THE COMMISSION
5.The President of the Republic shall form the Selection Commission of seven members for a term of office of three years. Members of the Judicial Council may not be appointed as m embers of the Selection Commission.
6. The President of the Republic shall appoint one member of the Selection Commission as the Chairperson of the Commission. In the event of absence of the Chairperson of the Selection Commission his/her functions shall be perform the oldest member of the Selection Commission.
7. The Chairperson of the Selection Commission shall:
7.1. chair meetings of the Selection Commission;
7.2. invite members of the Selection Commission to meetings;
7.3. sign, jointly with the Secretary of the Selection Commission, minutes and conclusions of the meetings of the Selection Commission;
7.4. publish conclusions of the Selection Commission;
7.5. sign documents on behalf of the Selection Commission;
7.6. resolve issues of removal of members of the Selection Commission;
7.7. at the request of the President of the Republic or a person authorised by him/her, or at the request of the Judicial Council, explain the motives behind a conclusion adopted by the Commission, or delegate this task to another member of the Selection Commission.
8. A member of the Selection Commission shall:
8.1. attend the meetings of the Selection Commission, and notify the Chairperson or the Secretary of the Commission in the event of inability to attend the meeting;
8.2. prepare, as instructed by the Chairperson of the Selection Commission, materials for its meeting;
8.3. fulfil other instructions of the Chairperson of the Selection Commission in relation to its activities.
9. Powers of a member of the Selection Commission shall cease on expiry of the term for which the member had been appointed.
10. A member of the Selection Commission shall be dismissed in the following cases:
10.1. resignation;
10.2. recall from the position of a member of the Selection Commission if he/she performs the relevant functions inappropriately;
10.3. entry into force of a conviction under which the member was found guilty.
11. The Chairperson and other members of the Commission shall be allowed not to attend a meeting of the Commission in cases where they are unable to perform their functions due to sickness or for other valid reasons. The Chairperson and other members of the Commission shall be obliged to withdraw from activities of the Commission if their participation could give rise to doubts over the impartiality and objectivity of a conclusion issued by the Selection Commission. Candidates attending a meeting of the Selection Commission shall have the right to challenge a member thereof, specifying the motives behind such challenging. A withdrawal of a member of the Commission shall be approved by the Chairperson of the Commission, and a withdrawal of the Chairperson of the Commission shall be approved by the Commission; in case of a tie in voting of the members of the Commission, the vote of its oldest member shall be decisive. A matter of challenging a member of the Commission shall be decided by the Commission as a whole.
III. MEETINGS AND DECISIONS OF THE COMMISSION
12. Meetings of the Selection Commission shall be convened according to the Procedure for the Convention and Organisation of Selection of Judges approved by the President of the Republic. Meetings of the Selection Commission shall be normally held in the premises of the National Courts Administration.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
13. Upon setting the date and time of the meeting of the Selection Commission, the Chairperson of the Commission may appoint one or more members of the Commission as rapporteurs, who shall assess, prior to the meeting of the Commission, the documents collected and instruct the Secretary to collect additional documents if necessary, and shall present issues on the agenda to the meeting of the Commission.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
14. A meeting of the Selection Commission shall be deemed to be lawfully held if at least five of the members of the Selection Commission take part in it.
15.Decisions shall be adopted by a majority vote of all members of the Selection Commission. In case of a tie in voting, the vote of the Chairperson of the Commission shall be decisive.
16.Candidates for the positions specified in Clause 4 of this Procedure as well as other invited persons shall take part in the meeting of the Selection Commission. Meetings of the Selection Commission may be attended by a person authorised by the President of the Republic.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
17.The Selection Commission shall evaluate a candidate for the positions specified in Clause 4 of this Procedure for the selection purposes subject to the candidate‘s attendance of the meeting. In exceptional cases, a person who has failed to present himself/herself to the meeting at the specified time may be evaluated, subject to the person‘s reasoned request, provided that all members of the Commission attending the meeting agree to this and provided that the candidate has already attended previous meetings of the Commission of the same composition.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
18. The meeting of the Selection Commission shall examine documents submitted by the candidates, which shall be followed by an oral selection procedure (an interview). During the interview, the candidates introduce themselves and answer questions. The questions can also be presented to the candidate in writing either prior to or during the meeting of the Commission. In such a case the candidates shall receive sufficient time to prepare answers to the questions provided in writing. The meeting of the Selection Commission may hear, at the time set by the Commission, the President of the court to which the candidate is applying or a person authorized by the President, or the President of a court of a higher instance or a person authorized by the President, and other persons invited to the meeting.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
19. Upon completion of the interviews with the candidates and upon hearing opinions of other members of the Selection Commission, the Chairperson of the Commission shall propose to the members of the Commission that they:
19.1. start the procedure of evaluation of the candidate according to Clause 20 of this Procedure; or
19.2. recognise, having regard to the argumentation provided by the members of the Commission, that the person is deemed to be unfit for a position he/she is applying for, and should not be evaluated; or
19.3. renew the interview with the candidate or announce a break in the meeting which is required for obtaining additional documents etc.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
20.Upon adoption of the decision referred to in Clause 19.1 by the Selection Commission, each member of the Commission shall evaluate each candidate according to the relevant criteria (the evaluations shall be appended to the minutes of the meeting). The score of the candidate shall be calculated by summing up the evaluations given by the members of the Commission according to each criterion (by working out an average).
21. The score received shall determine the candidate‘s position in the list in which the candidate are ranked by the Selection Commission (hereinafter referred to as the ’List’). The List shall be signed by the Chairperson and Secretary of the Commission and appended to the minutes of the meeting. For the purposes of evaluation of the candidates according to the criteria specified in individual sections, separate Lists shall be compiled. The List shall include all the candidates that took part in the meeting of the Commission. Those candidates who were not evaluated as stated in Clause 19.2 above shall be specified at the end of the List.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
22. Upon compilation of the List, members of the Commission shall discuss the candidates’ evaluations according to individual criteria and their relevance on case-by-case basis, advantages and disadvantages of the candidates in different Lists (if any) and other important circumstances and, on proposal of the Chairperson of the Commission, decide on the Commission‘s conclusion and the most suitable candidates for the positions specified in Clause 4 of this Procedure. For this purpose the Chairperson of the Commission shall propose that each member of the Commission should specify the candidates that are most suitable in the opinion of the member (without limiting their number). The Commission shall vote on each candidate proposed according to the procedure set out in Clause 15 of this Procedure. Prior to adopting the decision on the most suitable candidates, the Commission may renew its meeting, collect additional documents or invite individual candidates to additional interviews and re-evaluate them.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
23. Minutes of the meetings of the Selection Commission shall be taken including a video recording forming an integral part of the minutes. The minutes shall be signed by the Chairperson and the Secretary of the meeting.
24. The conclusion of the Selection Commission shall consist of the introduction, the descriptive part and the final part:
24.1. The introduction shall state the date and place and the Chairperson and the Secretary of the meeting of the Selection Commission, members of the Commission and other persons attending the meeting, and position for which candidates were selected (judge; President of the court; Vice-President of the court; President of the division);
24.2. The descriptive part shall state the candidates for the positions of the judges, President of the court, Vice-President of the court or President of the division; all the candidates that have been recognized by the Commission as the most suitable for the positions specified in Clause 4 of this Procedure and their scores according to individual criteria; and circumstances and motives that have been taken into account in deciding on the most suitable candidates for the positions specified in Clause 4 of this Procedure, or the List or Lists in case if the Commission has failed to decide on the most suitable candidates for the positions specified in Clause 4 thereof;
24.3. The final part shall state the Commission’s conclusion on the most suitable candidates for the positions specified in Clause 4 of this Procedure if the Commission has decided, as stated in Clause 22 above, on such candidates, or the Commission’s proposal to the President of the Republic to rely on the List or Lists compiled by the Selection Commission in cases where the Commission has failed to decide on the most suitable candidates for the positions specified in Clause 4 of this Procedure, or another proposal by the Commission to the President of the Republic.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
25.The Selection Commission may decide to submit another proposal to the President of the Republic (for announcing a new selection procedure, suspending the current procedure etc.) if the submission of the Commission’s conclusion would be in contravention of the purpose stated in Clause 1 of this Procedure.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
26.The Selection Commission shall publish its conclusion on the website of the National Courts Administration immediately after it is signed by all the members that attended the meeting of the Commission but no later than within 14 calendar days from the date of the meeting. A member of the Selection Commission who disagrees with the conclusion may submit his/her individual opinion to the President of the Republic.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
27. Conclusions of the Selection Commission and any materials related thereto shall be presented to the President of the Republic no later than on next day after the publication of the conclusion of the Selection Commission.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
28. Conclusions of the Selection Commission shall not be binding upon the President of the Republic.
29. Conclusions and minutes of the meetings of the Selection Commission as well as the Lists shall be public and access to them shall be provided according to a procedure set by the Director of the National Courts Administration.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
IV. SERVICING THE COMMISSION. DRAWING UP, MANAGEMENT AND RECORDING OF DOCUMENTS
30. The Selection Commission shall be serviced by the National Courts Administration. The National Courts Administration shall appoint the Secretary of the Selection Commission who shall not be a member thereof.
31. The Secretary of the Selection Commission shall:
31.1. perform the functions of a secretary of the meetings of the Selection Commission, take minutes of the meetings of the Commission, and sign them jointly with the Chairperson of the Selection Commission;
31.2. prepare materials for the meetings of the Selection Commission and submit them to the members of the Commission no later than 3 working days prior to the meeting;
31.3. prepare documentation of the Selection Commission;
31.4. fulfil other assignments given by the Chairperson and members of the Selection Commission in relation to activities thereof.
Amendments to the Clause:
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
32. The National Courts Administration shall be responsible for the preparation, management and accounting for the documentation of the Selection Commission.
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Amendments:
1.
President of the Republic of Lithuania, Decree
No1K-102,2009-09-08,Official Gazette,2009,No109-4577(2009-09-11)
ON AMENDMENTS TO THE RULES OF PROCEDURE OF THE COMMISSION ON THE SELECTION OF CANDIDATES FOR JUDICIAL OFFICE
2.
President of the Republic of Lithuania, Decree
No1K-971, 2012-02-24, Official Gazette, 2012, No 25-1156 (2012-02-28)
ON AMENDMENTS TO THE RULES OF PROCEDURE OF THE COMMISSION ON THE SELECTION OF CANDIDATES FOR JUDICIAL OFFICE
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