Colloquium (Warsaw, June 12, 2006)

Questionnaire on the relations between the Supreme court and the executive branch

Introduction : Short description of the constitutional framework

1. Are there any constitutional provisions regarding the Supreme Court?

2. Which bodies of the executive branch are in relation with the Supreme Court (ministries of justice, of home affairs, court service…)?

Budget of the Supreme Court

1. Is the Supreme Court financially independent?

2. Is the Judicial Council financially independent?

3. Is there a court service within or outside the Supreme Court or are Supreme Court judges in charge of the financial management?

4. Which body draws up the budget of the Supreme Court?

5. Who negociates the budget of the supreme court and with whom?

6. Who presents it before in Parliament?

7. As may be, what are the relations between the president of the Supreme court and such a court service?

8. Who manages the budget and who authorizes expenditure within the Supreme Court (judge, clerk, administrator..)?

9. Is there a different budget framework for the judges salary, the judicial activity, the court building, the staff?

Appointment of judges at the Supreme Court

1. How are candidates to Supreme Court positions selected: which body is practically in charge of drawing up the list of candidates? is there a hearing? by whom?

2. Is the Supreme Court, especially its president, involved in the appointment process?

3. Which State bodies are involved in the appointment process of Supreme Court judges?

4. Can  the appointment of a judge at the supreme court be appealed? By whom? To whom?

Disciplinary proceedings against a Supreme Court judge

1. What are the ethics for a Supreme Court judge ?

2. Who can file a complaint against a Supreme Court judge? Before whom?

3. Which body launches the disciplinary inquiry?

4. Who are the persons in charge of the inquiry? What is there status?

5. Which body is in charge of examining the disciplinary cases and decides about the sanction?

6. Is the Executive Branch party to the disciplinary proceedings and involved in the decision against a Supreme Court judge?

7. Are the disciplinary proceedings against judges of lower courts different from those against a supreme court judge?