Assessment of the work of judges in the Republic of Macedonia

1. Assessment of the work of judges in the Republic of Macedonia

2. Constitution of the Republic of Macedonia • Law on courts • Law on the Judicial Council of the Republic of Macedonia

3. The aim of the monitoring and assessmentof the workof the judge The aim of the monitoring and assessment of the work of the judge is affirmation of the judiciary as an independent and autonomous authority, the strengthening of the personal motivation of the judges, securing further professional development of the judges on the basis of their personal and professional capabilities, as well strengthening the independence and the impartiality of the judges during their exercise of the judicial office. The monitoring and the assessment of the work of the judge is conducted without disrupting the independence and the impartiality of the judge during the exercise of the judicial office.

4. Regular and extraordinary assessment The regular assessment of the judge is conducted once in two years, until and including the end of April in the current year, based on annual report for the work of the court and the judges in the previous years. The Council assess the new elected judge in the current year only if he has at least 6 months effective work as a judge. The extraordinary assessment of the work of the judge may be conducted upon assessment of the Council.

5. Methods of monitoring and assessment The assessment of the work of the judge is conducted on the basis of the total results of the judge by quantitative and qualitative assessment of the work of the judge, immediate monitoring, additional and special criteria in connection with the exercise of the judicial office. The Council determines the form and the content of the Form containing data and information on the work of the judge and the work of the President of the court.

6. Quantitative criteria The quantitative criteria regarding the work of the judge are:  - the data and the informations received regarding the work of the judge through the Automated Court Case Management and Information System (ACCMIS) regarding the number, the type and the resolved cases in respect to the orientation number of cases that the judge is to resolve monthly. The orientation number of cases that the judge is to resolve monthly is determined in accordance with the legal area, the complexity of the material wherein the case is and the type of courts in accordance with the real competence.

7. The achieved result in respect with the number of resolved cases in accordance with the orientation number of cases is valued with 100 points. The failing results in respect with the number of unresolved cases, as well as the higher number of resolved cases in respect with the etermined  orientation number of cases is valued in the manner that for each initiated 1% plus or minus, the number of points referred to in paragraph 1 of this Article, is increased, or is decreased for a point. For the quantitative criteria the judge can receive maximum 140 points out of the orientation number of cases he should monthly resolve.

8. Qualitative criteria Qualitative criteria for assessment of the work of the judge are determined in respect to the work of the judge, wherefore the following are taken into consideration:  - respecting the legal time periods for undertaking the process activities,  - respecting the legal time periods for adoption, publication and preparation of the decisions, - the relation between the number of confirmed, abolished or altered decisions in respect with the total number of resolved cases. The qualitative criteria is taken into consideration in case when calculating the assessment of the work of the judge against whose decision legal means have been raised.

9. The judge in his work is obliged to respect the legal time periods for undertaking the process activities, the legal time periods for adoption, publication and preparation of the decisions, wherefore the judge shall be scored in accordance with the following chart:

10. The quality of the work of the judge in the part of the abolished decisions in respect with the total number of resolved cases in the period which is assessed, is scored in accordance with the following chart:

11. The quality of the work of the judge in the part of the altered decisions in respect with the total number of resolved cases in the period which is assessed, is scored in accordance with the following chart:

12. Additionalcriteria On the bases of the qualitative criteria,during the assessment the judge can receive 3 additional points for published expert papers or prepared educational materials for the needs of the Academy for Judges and Public Prosecutors. The judge shall receive the points if the sum of the quantitative and the qualitative criteria is minimum 140 points.

13. The judge who due to a conducted disciplinary procedure has been imposed a disciplinary measure, for the time period wherefore he was assessed, the number of points determined on the bases of the criterialaid down by this Law shall be decreased for each measure imposed, according to the following chart:

14. The number of points of the judge for the time period he has been assessed, determined on the bases of the criteria laid down by this Law shall be decreased for 20 points, provided that due to his proceeding a verdict by the European Court of Human Rights has been adopted, by which a violation of the right to a fair trial in accordance with Article 6 of the European Convention on Human Rights or a decision of the Supreme Court of the Republic of Macedonia has been adopted wherefore it is determined that a violation has been committed on the right to be trialed within a legitimate time period. The number of points of the judge determined on the bases of the criteria laid down by this Law shall be decreased for 10 points for each case that has reached the time barred status, provided that the time barring status has been reached as a result on the proceedings of the judge.

15. Special cases of assessment If the work of the judge and his decisions are not subjected to a supervision by a higher court, have not been raised legal remedies and only due to this fact he cannot be assessed in accordance with quantitative criteria, he will be assessed on the bases of the immediate continuous monitoring of the work of the judge, his attitude towards the work, the respect of the priority of the cases he is working on, and in accordance with the report on the work of the judge, the attitude towards the parties, the judges and the court servants which is determined on the bases of the submitted complaints and grievances regarding the work of the judge, as well as other activities, and he can receive 100 points thereof.

16. Elements for calculating an assessment of the judge As a base for calculating the assessment of the work of the judge shall be taken the sum of the gained qualitative and quantitative criteria. During the calculation of the work of the judge the effective time of work shall be taken in consideration. If the number of resolved cases on certain types of cases in respect with the anticipated orientation number is 100% it shall be considered that the judge has met the quantitative criteria. The Council prescribes the manner of calculating the effective time of work.

17. An assessment regarding the work of the judge On the basis of the received sum of points upon all criteria for monitoring and assessment of the work of the judges, the Council assesses the judges with the following marks:  1) positive mark, that has three degrees: - satisfactory, if the judge receives from 100 up to 140 points, - good, if the judge receives from 141 up to 180 points, - very good, if the judge receives over 180 points, and  2) negative mark, if the judge receives less than 100 points.

18. The monitoring and assessment of the work of the judgesis conducted by the Council, after the proposal of Commission composed from 3 members of the Council withthe voting rights. Prior to the assessment of the judge, an opinion shall be obtained from the Commission composed from the President of the court and two judges, elected on a session of judges in the court where the assessed judge is exercising his judicial office, taking into consideration the criteria referred to this Law. Prior to the assessment of the work of the judge - President of a department, an opinion shall be obtained from a commission composed of the President of the court and two judges- presidents of other departments or section, or judges elected on a session of judges in the court wherein the assessed judge- President of a department is exercising his judicial office, taking into consederation the criteria from this Law.

19. Decision upon the assessment The Council adopts a decision for the assessment of the work of the judge and the President of the court, containing an explanation of the reasons thereon. The decision for the assessment of the work of the judge and the President of the court within a time period of eight daysshall be delivered to the judge and the President of the court. The content of the decision for the assessment of the work of the judge and the President of the court is confidential.

20. Reassessment If the judge and the President of the court are not content with the assessment, they can request a new assessment to be conducted. The request for reassessment can be submitted to the Council within a time period of eight days as of the day of acceptance of the decision for the assessment of the judge. The Council within a time period of 30 days as of the day of accepting the request for assessment, is obliged to reassess the work of the judge and the President of the court. The Commission for the reassessment is composed of three members of the Council, and the persons who have assessed the judge during the first assessment cannot participate. Against the decision for reassessment adopted by the Council, the judge and the President of the court have not the right to an appeal.

21. Thank you for your attention