New Approach to Formation of Judicial-Legal Council Proposed in Azerbaijan

In a recent development, the Azerbaijani Milli Majlis introduced draft amendments to the law "on Judicial-Legal Council," signaling a significant shift in the composition of the council. Under the proposed changes, the conference of judges will now play a pivotal role in determining the composition of the 15-member council. Notably, nine judges from various courts, including the Supreme Court, appellate courts, and first instance courts, will be elected during the conference. Additionally, one seat will be allocated to a judge appointed by the Constitutional Court. The remaining positions will be occupied by representatives from the Milli Majlis, the Ministry of Justice, the Bar Association, the National Academy of Sciences, and the conference of judges.

Members of the Judicial-Legal Council will serve a term of five years, with the council's chairman elected from among the ruling members by a simple majority vote, also for a five-year term.

The draft law seeks to reduce the representation of executive bodies in the council and increase the number of judges. MP Fazil Mustafa told Turan that this change meets the requirement of the Council of Europe, stressing the importance of having a judge at the head of the Council to ensure the independence of the judicial system. Mustafa further explained that having an executive body lead the council raises concerns about the judiciary's autonomy, thus necessitating these modifications.

Conversely, Mustafa pointed out that the representative of the prosecutor general's office would be removed from the judge election process, with a representative from the Milli Majlis taking their place. This change amplifies the role of the legislative body in the process, according to Mustafa.

Mustafa believes that the amendments will yield positive outcomes, emphasizing that judges themselves are best equipped to understand and address their own issues. He anticipates positive changes to enhance the judiciary in this regard.

However, lawyer Yalchin Imanov expressed skepticism about the potential impact of the law amendments.  Imanov told Radio Azadlig that the problems within the judicial system of Azerbaijan stem from its lack of independence and inability to act without political influence. He criticized the appointment of judges by the central executive power, noting that the president, as the head of the executive branch, cannot be the guarantor of an independent judiciary, as per the country's constitution. Imanov stressed that true institutional changes should be implemented to address these concerns and called for the creation of conditions that allow judges, as the main representatives of the judicial system, to make unbiased decisions. Otherwise, he regarded the amendments as merely superficial changes lacking substance.

The Judicial-Legal Council holds significant authority in organizing Azerbaijan's judicial system and evaluating its performance. It serves as the self-governing body responsible for overseeing the activities of the judiciary.