1987. Különkiadvány, 1987.10.01 / HU_BFL_XIV_47_2
the bnbi6 of promulgated *tatutory regulations, and must include a atatement of the facta justifying the deciaion. At the client's request, he must be given acce6s to the ezpert opinione that had been obtained to prepare the deciaion. A deciaion made in diaregard of the rule8 of procedure ahould conatitute a petty offenae if it violatea a lavful intereat, and a críminai offenae if it violatea a civil right.- Here and elsevhere, our propoaala aaaume that the judiciary's role vili be enhanced. Bút more pover fór the judiciary alao preaupposea ite greater independence. To enaure that the court8 exerciae their greater pover impsrtially, there must be cloaer public acrutiny of their activity. We vili dvell on theae fundamental guarantiea separately. He need an independent judiciary functioning under public acrutiny.- Paternaliatic control by the Hiniatry of Juetice over the judiciary muat cease. It ahould nőt be the ministry that nominatea candidatea fór election aa profeaaional judgea, or aasigna the judgee to specific courta.- The rule must be enforced that court proceedinga are open to the public. Dnleae the judge orders a closed trial, anyone interested must be given an opportunity to be present. The openneas of the trial alsó meana that the public must nőt be prevented from making notea or tape recordinga. The judge vho faile to enaure the requiremente of openneas, or vho orders 8 closed trial contrary to the proviaiona of the lav, commits a diaciplinary offenae.- The diaciplinary code fór judgea mu6t be made public. It ahould be possible to tranefer a judge against hie vili, and to demote or recall him (unless he has become incapable of serving on the bench) only fór a diaciplinary offense, bút nőt fór political reaaona. It ahould be a diaciplinary offenae fór a judge to violate the rules of procedure, or to ahov partiality unscrupulously or in any other vay. Any party in a case before the court ahould be able to institute diaciplinary proceedinga. If the defendant or the defense attorney (in a criminal case) institutes diaciplinary proceedinga, or if either of the parties or their counsel (in a civil lavsuit) does so, he may be present at the diaciplinary proceedinga.- On a bench of the court of first instance, consisting of a profeaaional judge and tvo lay assessors, the role of the lay asseesora is merely to concur vith the judge'a expert deciaion. Electing the lay assessors fór a term of aeveral years, rather than to hear a single case, and assigning them to specific courta is unvarranted and makes the assessors more dependent. And since the enterprises, cooperatives, voluntary public organizations and State inatitutions in the court'a district nominate the lay assessors, the impartiality of the latter is nőt ensured. Either a judge and a panel of jurors, or a bench consisting entirely of profe6sional judges vould better aerve the impartiality of the courta.- The defendant in a criminal case, and either party in a civil lavsuit, ahould be able to challenge aa partial the entire bench or any of its membera. They ahould have the right to request a change of venue. And J"9 % ■.. ___________£9___________________
