The court established that the High Qualification Commission of Judges (HQCJ) exceeded its powers, as until 30.12.2023, the right to evaluate a judge’s compliance with their position belonged exclusively to the HQCJ collegiums, and not its plenary composition. Moreover, the HQCJ erroneously applied to the procedure of evaluating a judge’s compliance with their position the rules related to another procedure – qualification assessment to determine a judge’s ability to administer justice. The court also took into account that the HQCJ based its decision on the conclusion of the Public Integrity Council, which was not the subject of consideration at the HQCJ collegium meeting.
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