At the end of December the parliamentary law commission unexpectedly reopened the application process of the National Ombudsman. Even though the three candidates fulfilled all the legal requirements, and the procedure had been followed according to the law, the application process was canceled for inexplicable reasons. The cancellation was approved only by the majority votes of the Socialist Party (PS), with opposition from both coalition partner Socialist Movement for Integration (LSI) and the opposition Democratic Party (PD).
This solo act of the PS casts doubt on the objectivity of the selection of the new National Ombudsman. These doubts are compounded by the fact that the National Ombudsman is one of the institutions included in the new judicial system that will be the result of the judicial reform.
According to the new Constitution, the National Ombudsman takes part in the selection procedures of the members of the vetting institutions, as well as the High Judicial Council (KLGj), High Prosecutorial Council (KLP), the ad-hoc Commission of Judicial Nominations, and the permanent Council of Judicial Nominations (KED).
Below we explain in more detail the role of the National Ombudsman in the functioning of these institutions
High Judicial Council
The KLGj consists of eleven members, six are judges and are chosen by the National Conference of Judges; five are members from outside the judicial system (two lawyers, two professors, one from civil society), and are chosen by Parliament.
The National Ombudsman takes part in the evaluation procedures of the dossiers of the two nominees from the ranks of the lawyers and the one nominee from civil society. Candidates for these positions send their application dossier to the National Ombudsman, who will verify the completion of the dossiers according to the legal criteria and makes a list of all candidates, which is then sent to Parliament.
High Prosecutorial Council
The KLP is an institution with a similar make-up as the KLGj. The National Ombudsman will again have the function to review the applications of candidates for three of its positions.
Council of Judicial Nominations
The KED is in charge of the verification and evaluation of the professional and moral criteria of candidates for the Constitutional Court and High Judicial Inspector. The KED consists of nine members, serving one-year mandates. The selection of KED members are elected every by lot by the President. The National Ombudsman monitors, drafts, and compiles the report on the selection procedure.
Vetting Institutions
The reevaluation process of the magistrature is realized by three special institutions: the Independent Qualification Commission (KPK), the Public Commissioners, and the Appeals College (KA). They will be assisted by the International Monitoring Operation (ONM), as we explained previously. The compilation of the list of candidate members for these institutions is done by the President, but should he fail to deliver these lists to the ONM within 45 days, this competence is transferred to the National Ombudsman. If the President does not passes the ONM’s recommendation to Parliament within five days, this competence is again transferred to the National Ombudsman.
