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Post by Jaga on Aug 1, 2017 4:22:59 GMT -7
Pieter, for some strange reasons Kaczynski's party argues that this is OK to have a supreme court elected by the governmental judges since... the same is done in Netherlands. The opposition TV did even some interviews with Dutch politicians that state this is not the case. Dutch judges are independent, the prime-minister, king (?) and some other officials just sign formally the nomination, but they don't influence it. Head of Poland’s ruling conservatives, Jarosław Kaczyński, criticises president’s veto:www.thenews.pl/1/9/Artykul/318383,Head-of-Poland%E2%80%99s-ruling-conservatives-criticises-president%E2%80%99s-veto
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Post by pieter on Aug 1, 2017 5:41:36 GMT -7
Jaga, I think that the Dutch politicians which were interviewed by the opposition tv were right. en.wikipedia.org/wiki/Ministry_of_Security_and_Justice_(Netherlands)The Supreme Court of the Netherlands (Dutch: Hoge Raad der Nederlanden pronounced [ˈɦoːɣə raːdɛr ˈneːdərlɑndə(n)], literally "High Council of the Netherlands") is one of the highest courts of the Netherlands, Curaçao, Sint Maarten and Aruba. The Court was established on 1 October 1838 and sits in The Hague, Netherlands. In the Netherlands, the Supreme Court of the Netherlands is the highest court. Its decisions, known as "arresten", are absolutely final. The court is banned from testing legislation against the constitution, pursuant to the principle of the sovereignty of the States-General; the court can, however, test legislation against some treaties. Also, the ordinary courts in the Netherlands, including the Hoge Raad, do not deal with administrative law, which is dealt with in separate administrative courts, the highest of which is the Council of State (Raad van State) The Court is the court of last resort for civil and criminal matters. In certain administrative cases it has final jurisdiction as well, while in other cases this jurisdiction rests with the adjudicative division of the Council of State, the Central Appeals Tribunal (Centrale Raad van Beroep), the Trade and Industry Appeals Tribunal (College van Beroep van het bedrijfsleven) as well as judicial institutions in the Caribbean part of the Kingdom of the Netherlands. The Court is a court of cassation, which means that it has the competence to quash or affirm rulings of lower courts, but no competence to re-examine or question the facts. It only considers whether the lower courts applied the law correctly and the rulings have sufficient reasoning. In so doing it establishes case law. According to Article 120 of the Constitution, courts may not rule on the constitutionality of laws passed by the States General and treaties. With the exception of constitutional Court of Sint Maarten courts (which rules on constitutionality with regards to the Sint Maarten constitution only) have thus no competence for judicial review with respect to the Constitution. The Supreme Court currently consists of 36 judges: a president, 6 vice-presidents, 25 justices (raadsheren, literally "Lords of the Council") and 4 justices extraordinary (buitengewone dienst). All judges are appointed for life, until they retire at their own request or mandatorily at the age of 70. In the Netherlands a case is first heard by one of the ten district courts (rechtbanken). Afterwards, either side may appeal to one of the four courts of appeal (gerechtshoven). Finally, either party may file a cassation appeal to the Supreme Court. CompositionJustices of the Supreme Court are appointed by royal decree, chosen from a list of three, advised by the House of Representatives on the advice of the Court itself. The justices are, like every other judge in the Netherlands, appointed for life, until they retire at their own will or after reaching the age of 70. Upon reaching the age of 60, a justice may change status to extraordinary, with the effect that the justice no longer plays a full role at the Court. The Supreme Court is divided into four chambers: the first or civil chamber, the second or criminal chamber, the third or tax chamber and the fourth or ombudsman chamber. The members of the fourth division are chosen ad hoc, but will include the President of the Court.
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Post by pieter on Aug 2, 2017 8:12:37 GMT -7
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