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The Council for the Judiciary
- Tasks - Statutory tasks - Non-statutory tasks - Composition and appointment of the members
Tasks The Council for the Judiciary is part of the judiciary system, but does not administer justice itself. It has taken over responsibility over a number of tasks from the Minister of Justice. These tasks are operational in nature and include the allocation of budgets, supervision of financial management, personnel policy, ICT, housing. The Council supports the courts in executing their tasks in these areas. Another central task of the Council is to promote quality within the judiciary system and to advise on new legislation which has implications for how justice is administered. The Council also acts as a spokesperson for the judiciary on a national and international level.
Statutory tasks The Council has a pivotal role in terms of preparing, implementing and accounting for the judiciary system’s budget. The budget system is based on a workload measurement system maintained by the Council. The Council encourages and supervises the development of operational procedures in the day-to-day running of the courts. The specific tasks in question are personnel policy, housing, ICT and external affairs. The Council has a range of formal statutory powers, which enable it to carry out these tasks. For instance, the Council is empowered to issue binding general instructions with regard to operational policy, although it prefers to exercise this power as little as possible.
The Council supports the activities for the recruitment, selection and training of judicial and court officials. It carries out its tasks in these areas in close consultation with the court boards. The Council has a significant say in appointing members to the court boards.
The Council’s task as it pertains to the quality of the judiciary system involves promoting the uniform application of the law and enhancing judicial quality. In view of the overlap with the content of judicial rulings, the Council has no powers of compulsion in this area.
The Council also has a general advisory task. It advises the government about new laws which have implications for the judiciary system. This process takes place in ongoing consultation with the members of the court boards.
Non-statutory tasks The Council also acts as a spokesperson for the Judiciary organisation at both national and international levels and fulfils tasks in the area of international cooperation.
Composition and appointment of the members The Council for the Judiciary is made up of four members, two of whom come from the judiciary and two of whom previously held senior positions at a government department. The Council has a Bureau to assist it in its activities and to carry out any preparatory work that may be required.
The Members of the Council are appointed by Royal Decree, a Cabinet decision based on a list of recommendations by the Minister of Justice. This list is made up by the Minister of Justice in agreement with the Council and after consultations within the judiciary. Members are appointed for six years. One extra term of three years is possible.
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