Preamble: Recognising that a fair and efficient judicial system is fundamental to the protection of individual rights and the overall functioning of society, this legislation is enacted to establish and regulate a comprehensive judicial system. It aims to ensure impartiality, fairness, transparency, and accessibility in the administration of justice. This legislation also seeks to enhance the judiciary’s independence and professionalism while guaranteeing the rights and liberties of all individuals.
Chapter I: Structure and Organization of the Judiciary
Section 1: Establishment and Composition
1.1 A judicial system shall be established, consisting of various courts, tribunals, and related legal institutions.
Section 2: Judicial Appointments and Tenure
2.1 Judicial appointments shall be made through a transparent and merit-based process, ensuring the highest levels of competence, integrity, and impartiality.
2.2 Judges should be appointed for a fixed tenure, subject to good behaviour and professional conduct.
2.3 Procedures shall be established for the removal, suspension, or disciplinary action against judges following due process.
2.4 Judges shall be selected by the most suited for the situation from the Chancellor, Vice Chancellor, or Legal Minister.
Chapter II: Judicial Independence and Accountability
Section 3: Judicial Independence
3.1 Judicial independence shall be guaranteed, providing judges with the necessary autonomy to perform their duties impartially and free from undue influence or interference.
3.2 Adequate safeguards shall be in place to protect judges from any threats, harassment, or reprisals while discharging their judicial functions.
Section 4: Code of Judicial Ethics
4.1 A comprehensive code of judicial ethics shall be adopted, laying out principles to guide judges’ behaviour, including integrity, impartiality, and diligence.
4.2 Continuous professional development programs shall be implemented to ensure judges remain updated and proficient in legal matters.
Section 5: Accountability and Transparency
5.1 A system for handling complaints against judges shall be established, ensuring fairness, confidentiality, and prompt investigation.
5.2 Regular performance assessments of judges and court personnel shall be conducted, based on clearly defined criteria and transparent mechanisms.
5.3 Decisions and judgments issued by courts shall be made publicly available, subject to reasonable exceptions for privacy or national security reasons.
Chapter III: Access to Justice
Section 6: Equality Before the Law
6.1 All individuals shall have equal access to justice, irrespective of their socio-economic status, gender, race, religion, or any other characteristic.
6.2 Measures shall be taken to remove barriers to accessing justice, including provision of legal aid, interpreter services, and accommodating persons with disabilities.
Section 7: Speedy and Fair Trials
7.1 The right to a speedy and fair trial shall be guaranteed, ensuring that justice is dispensed without undue delay.
7.2 Adequate resources shall be allocated to the judiciary to minimize case backlogs and ensure efficient court proceedings.
Section 8: Alternative Dispute Resolution
8.1 Promote the use of alternative dispute resolution mechanisms such as mediation and arbitration to reduce the burden on courts and encourage amicable settlements.
Section 9: Legal Representation
9.1 Anyone can represent you in court. They do not need to have any qualification or proof that they are suitable to represent you.
9.2 If you are unable to find legal representation then one of the Ministry’s Representeers will be appointed to you and will represent you in court.
9.3 Your legal representation is prohibited from aiding your opposition. If they aid the opposition, they may receive penalties.
Section 10: Witnesses
10.1 You can get witnesses to give testament at court. Witnesses must give testament by their own will and cannot be forced to give testament.
10.2 Witnesses may not be remunerated in any way. If it is found that witnesses have been remunerated in any way, both the remunerator and the witness will be punished with a fine or prison sentence up to 1 hour depending on the severity.
10.3 Witnesses must first swear in on the religious text of the religion in which they believe with the phrase “I swear by Almighty God that the evidence I shall give will be the truth, the whole truth, and nothing but the truth” or alternatively (if they do not believe in a religion) they must affirm with the phrase “I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth“. Witnesses must tell the truth. If they are caught lying, then they will be removed as witness and given a fine or a prison sentence of up to 1 year.
Chapter IV: Judicial Powers
Section 11: Judicial Powers
11.1 The determination of whether a jury is necessary will be made on a case-specific manner; nevertheless, in every instance, the judge retains ultimate authority regarding the nature, duration, and severity of the punishment, as well as its recipient.
Conclusion: By enacting this legislation, the government reaffirms its commitment to establishing a robust and impartial judicial system. These provisions aim to safeguard the independence and accountability of the judiciary while guaranteeing access to justice and due process for all individuals.
- For advice on how to proceed in a legal situation visit: YOUR GUIDE TO ALEXOPOLIS COURT
- To learn more about the gudelines surrounding punishments visit: PUNISHMENTS & SANCTIONS