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SUPPORTING THE COURT PRESIDENTS: Introduction of professional court administrators Provision of a standardized management training to court presidents Judge Vlatko Samardziski Member of Judicial Council of Republic of Macedonia
COURT ADMINISTRATORS IN THE RM • A court administrator is elected in the Supreme Court, the High Administrative Court, the Appellate Courts and the Basic Courts with enhanced competence for an unlimited term of office. • He is elected by the court president with a public announcement with work requirements for managing court officers (6 years of working experience, 2 of which on a managing position in the public sector, or 10 years, 3 of which on a managing position in the private sector).
COMPETENCE • Manages the judicial service in the court. • Responsible for performing the expert, administrative and technical activities in the court. • Carries out activities from the court administration. • Cooperates with the court president. • Assists the president in performing the tasks from the court administration. • Adopts decisions, orders, instructions.
COMPETENCE 2 • Based on the work schedule of the court president, and according to the court's needs, ensures reassignment of the employees of the judicial service (no obligation to submit it to the president? ) • Drafts a list of judges and court servants and reassigns them according to beneficiary groups. • Has powers related to employment, promotion and evaluation of the servants.
RESPONSIBILITY AND ACCOUNTABILITY • Article 91, paragraph 2 of the Law on Judicial Service exempts the administrator from disciplinary liability that applies to the other court servants. • With the Decision by the Constitutional Court from 05. 04. 2017, the claims in the initiative for inconsistency of the provision from Article 91 paragraph 2 of the LJS with the constitutional principle of equality from Article 9 of the Constitution of the Republic of Macedonia, have been assessed as well-founded.
FROM THE REASONING OF THE COURT • The specific obligations and responsibilities of the administrator cannot be a ground for his exemption from disciplinary liability as he also has a status of a court servant. • The exemption from liability puts him in a privileged position in relation to the other court servants which violates the principle of rule of law.
OVERLAPPING OF COMPETENCES WITH THE COURT PRESIDENT • The president performs activities from the court administration, organizes the work, manages and administers the court. • He determines the court’s annual work plan. • He is responsible for the court’s operations, efficiency and diligence for which he is evaluated by the Judicial Council of the RM. It evaluates him, but it can neither sanction nor dismiss the administrator.
POSSIBLE PROBLEMS • In case of dysfunctional relations between the president and the administrator. • The administrator is practically irreplaceable, he has neither responsibility, nor accountability to the president, but can influence the court’s organization and work with his decisions, as a head of the expert service, and thus the results from the president’s work.
COOPERATION • A sincere willingness for cooperation between the president and the administrator is essential in the interest of the court’s work. • An efficient and successful performance is possible provided that the positions of the two heads are respected, the conflict situations are solved by agreement, and with mutual trust and understanding. • In the amendments of the LJS, the liability of the administrator should be provided as well.
MANAGEMENT TRAINING FOR COURT PRESIDENTS • The training is provided by the Academy for Judges and Public Prosecutors. • In 2016, three specialized trainings for court presidents were provided. • Topics: Efficiency in the administration of justice; Court management; the Role of the president in the organization of the court’s work; Leadership and its role in the judiciary; Relationship with the society, etc.
CONTENT OF THE TRAININGS • The concept of leadership. • The president is an example for all employees of the court. • Authority is more important than power, and the power should be used only when necessary. • Team building and team work, by providing guidelines, and not with sanctions and threats.
IN LIEU OF CONCLUSION • The court president should be a good manager and should posses: authority, vision, determination, dedication, learning readiness, courage and unambiguous commitment for independence in the decision-making. • The president needs support from the judges, the court administrator and the servants that the successful leader can provide through the lessons learnt and the personal example.
THANK YOU FOR YOUR ATTENTION!