Інформаційна довідка 20-156-2 «Міжнародний (європейський) досвід функціонування органів (інституцій), які визначають правила відбору/призначення суддів. Іспанія, Норвегія, Угорщина»

The National Judicial Council consists of fifteen members. The President of the Curia is a member of the National Judicial Council by virtue of their office, and the other fourteen members are elected by secret ballot by a simple majority of votes at the national assembly of judges. During the first meeting of the judges' assembly, one judge of the regional appellate court, five judges of the appellate courts, seven judges of the local courts, and one judge of the administrative court and the court of labor disputes are elected. The requirements for judges are established in Article 26 of the Constitution of 2011. Professional judges are appointed by the President of the Republic, as provided for in the law on the organization and administration of courts. A judge can be a person who has reached the age of thirty. Except for the President of the Curia and the President of the National Judicial Administration, a judge can serve on the bench until reaching the general retirement age (65 years). Article 3 of Section 1 of the Law on the Organization and Administration of Courts sets out the following requirements for appointment as a judge: a) Hungarian citizenship, b) capacity to act, c) higher legal education, d) successful completion of a legal examination (as provided for in Article 1, paragraph 5 of the Decree of the Minister of Justice on the Conduct of the Legal Examination of 1991, the Minister of Justice appoints a competition committee consisting of legal theorists and practitioners for a period of five years. Such persons must have a legal education and have at least 10 years of professional experience related to jurisprudence. The purpose of the examination is to ensure that the candidate demonstrates the practical application of their theoretical legal knowledge, experience, and skills in legal interpretation); e) submission of a declaration of property in accordance with the provisions of this Law; f) at least one year of work in the relevant field; g) suitability for the position of judge on the basis of the results of the test of general competence (this test includes a psychological interview, a psychological test, and a competence test, which determines whether the person being tested has the skills, abilities, and behavioral elements necessary to perform judicial duties: the ability to make decisions, the ability to communicate effectively, and the ability to maintain impartiality). In Norway, the Council on Judicial Appointments was established on November 1, 2002, as an independent body. According to Article 55 (b) of the Judiciary Act, the Council consists of seven members: one judge of the Supreme Court, one judge of the appellate court, one judge of the regional court, a lawyer, a lawyer from the public, and two representatives of the public. According to Article 55 (a) of the Judiciary Act, the King appoints the members of the Council on Judicial Appointments and their personal deputies and determines which member should be the leader of the Council. In Spain, the General Council of the Judiciary is the body responsible for appointing and promoting judges. The General Council of the Judiciary consists of the President of the Supreme Court, who presides over it, and twenty members appointed by the King by quota: six from among judges and magistrates (judges of the appellate courts and the Supreme Court), four from among lawyers of recognized competence, six from among members proposed by Congress, and four from among members proposed by the Senate. The term of office of the members of the General Council of the Judiciary is five years, but the law provides for the possibility of re-election. The requirements for judges in Spain are established in Article 36 of the Organic Law on the Judiciary. Judges of lower courts are appointed by order of the General Council of the Judiciary, while magistrates (judges of the appellate courts and the Supreme Court) are appointed by Royal Decree on the proposal of the aforementioned Council. According to Article 301 of the Law, entry into office is made by passing an examination and tests conducted by the School of Judges. In each competition, one-third of the places are reserved for lawyers with recognized competence (those who have more than ten years of professional practice), who, after the competition, will have direct access to the School of Judges. Lawyers with recognized competence may also apply for the position of magistrate to the Supreme Court or the appellate court. In Spain, judges are appointed for life, but they retire at the age of 65. In Norway, judges are also appointed for life, and they retire at the age of 70. In Hungary, judges can serve on the bench until reaching the general retirement age (65 years).