The President of the Judicial Council discussed at the European Commission
On May 12, 2025, the President of the Judicial Council of the Slovak Republic, Marcela Kosová, held a working meeting with Ana Gallego Torres, Director-General for Justice and Consumers at the European Commission in Brussels, Belgium. The meeting aimed to clarify not only the upcoming changes concerning disciplinary proceedings against judges recently approved by the Government of the Slovak Republic, but also the position and activities of the Judicial Council of the Slovak Republic as a constitutional body of judicial legitimacy. The President of the Judicial Council explained the historical context of disciplinary proceedings against judges of the Slovak Republic as well as the reasons for the planned changes.
The essence of the proposed changes is, in particular, the entrusting of the power to file a petition for disciplinary prosecution of a judge to the Judicial Council as a collective body, the opening of disciplinary senates to judges from general courts, and the introduction of a two-instance disciplinary procedure.
The Director-General for Justice and Consumers of the European Commission appreciated the interest in communicating these proposals in the process and promised that the European Commission (EC) would assess these changes in the light of current rule of law standards. From the EC's perspective, it will be crucial that the proposals in question do not undermine institutional independence and respect the case law of the Court of Justice of the European Union. (CJEU), and the European Court of Human Rights (ECtHR) regarding disciplinary proceedings against judges. Both sides agreed to continue to communicate on this issue. “I appreciate the EC's expeditious approach to communicating topics related to the upcoming 2025 Rule of Law Report, as the changes in the disciplinary senates were not the subject of the Judicial Council's online meeting with EC representatives in February of this year,” Marcela Kosova concluded.
The essence of the proposed changes is, in particular, the entrusting of the power to file a petition for disciplinary prosecution of a judge to the Judicial Council as a collective body, the opening of disciplinary senates to judges from general courts, and the introduction of a two-instance disciplinary procedure.
The Director-General for Justice and Consumers of the European Commission appreciated the interest in communicating these proposals in the process and promised that the European Commission (EC) would assess these changes in the light of current rule of law standards. From the EC's perspective, it will be crucial that the proposals in question do not undermine institutional independence and respect the case law of the Court of Justice of the European Union. (CJEU), and the European Court of Human Rights (ECtHR) regarding disciplinary proceedings against judges. Both sides agreed to continue to communicate on this issue. “I appreciate the EC's expeditious approach to communicating topics related to the upcoming 2025 Rule of Law Report, as the changes in the disciplinary senates were not the subject of the Judicial Council's online meeting with EC representatives in February of this year,” Marcela Kosova concluded.
