On the litigations involving the Judicial Vetting Commission

During the external evaluation process conducted by the Judicial Vetting Commission, a number of candidates expressed their disagreement with the Commission’s conclusions. They initiated legal challenges against either the Commission’s non-promotion decisions or, where applicable, against the decisions of the Superior Council of Magistracy that endorsed the Commission’s reports containing recommendations for non-promotion.

Additionally, some individuals brought administrative claims, alleging issues they deemed problematic within the evaluation process. Over the Commission’s two years of activity, a total of 22 lawsuits filed by evaluation subjects or by third parties.

The claimants primarily included sitting judges of the Supreme Court of Justice and the courts of appeal, as well as candidates for positions at the Supreme Court of Justice, all of whom appealed the Commission’s findings that led to their failure in the evaluation. Further challenges were submitted by candidates for positions within the judiciary’s self-governing bodies, contesting the Commission’s findings regarding their financial and/or ethical integrity.

To date, the Supreme Court of Justice has reviewed and rejected 18 of these appeals, thereby confirming the lawfulness and factual soundness of the decisions rendered by the Judicial Vetting Commission. Four additional cases remain pending.

Not all non-promotion decisions were challenged before the Supreme Court. One evaluation subject, in respect of whom the Commission issued a non-promotion report, along with three other candidates for whom Commission issues non-passing decisions, opted not to pursue legal remedies against the Commission’s acts.

Furthermore, four members of the Judicial Vetting Commission were named as third parties in an administrative case filed against Parliament by a judge who had been subject to evaluation.

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