What Will the New Bill Change in the Selection of Judges?

The selection process for judges in Azerbaijan may now consist of three stages: a test examination, a written examination, and an interview. This is reflected in the proposed amendments to the Law on "Courts and Judges," which was discussed at the Legal Policy and State Building Committee of the Milli Majlis (National Assembly) on October 4.

Currently, the selection of judges is conducted in two stages – a written examination and an interview.

It is reported that a total of 616 judges currently serve in Azerbaijan's courts. Examinations for judges are held periodically, and new judges are appointed accordingly.

According to the new bill, a specialized body of the Judicial-Legal Council, called the Committee for the Evaluation of Judges, is to be established to assess the performance of judges.

The Election Committee of Judges will organize the examinations and interviews. The results of the candidates' evaluations will be submitted to the Judicial-Legal Council, which will, in turn, make recommendations to the relevant authorities regarding the appointment of candidates to vacant judicial positions.

The Judicial-Legal Council told Turan News Agency that the amendments aim to accelerate the judge selection process: “Within the framework of measures to improve judicial activities, the selection of candidates for judicial positions is conducted continuously, in accordance with modern international standards and transparent procedures.”

The Council emphasized that a test examination for judicial candidates will be held on December 15 this year, and over 100 candidates have already submitted their documents.

However, Yalchin Imanov, a former member of the Bar Association, expressed to Radio Liberty that nothing will change after the amendments are made: “Because a judge’s independence and fairness depend on the political system. In such a political system, the chance of fair and objective individuals becoming judges is almost zero.”

According to Imanov, the interview stage poses additional challenges for both the judiciary and the bar exam: “The interview stage is subjective and opens the door to subjective judgments and evaluations. There is no clear assessment methodology to determine on what criteria a candidate’s abilities are evaluated. Therefore, no position can be taken that this stage will be objective.”

Other experts who spoke to Radio Liberty also believe that ensuring the independence of courts in Azerbaijan requires a clear separation of powers and the protection of political freedoms.

Background

On April 3, 2019, President Ilham Aliyev signed a decree on “Deepening Reforms in the Judicial-Legal System.” The decree addressed various issues, including the independence of judges and strengthening their social protection.

However, independent lawyers state that more than five years have passed since the decree, and it has not significantly contributed to the independence of the judiciary.