The judges could be appointed to office to serve until they reach retirement, not for a five-year term as now. Also, the judges will not benefit from general immunity, but from functional immunity and could be thus investigated for corruption, traffic of influence or bribe taking in the absence of the consent of the Superior Council of Magistracy. A bill to amend and supplement the Constitution was passed by Parliament in the first reading on April 13, IPN reports.
The bill drafted by the Government envisions the extension of the term in office of the Superior Council of Magistracy members from four to six years without the possibility of holding two consecutive terms. This change is designed to avoid the perpetuation of the same persons in the Council and will contribute to choosing professionals to serve on the Council.
When the bill is adopted, the Council will not include the prosecutor general. The informative note to the bill says the members of the Superior Council of Magistracy do not include representatives of lawyers and it thus seems that the defense and the prosecution are treated differently. The correctness of bringing disciplinary proceedings by the prosecutor general in concrete cases when the Prosecutor General’s Office is a party to the trial is also open to question.
The bill provides that the judges at the Supreme Court of Justice will be named by the Head of State at the suggestion of the Superior Council of Magistracy, as in the case of judges of ordinary and appeals courts. Now judges at the Supreme Court of Justice are appointed by Parliament.
