Common use of Judiciary Clause in Contracts

Judiciary. Using resources from the European funds, we will continue the computerization of the judiciary, especially in the use of data boxes and their related applications and systems. We will propose an increase in the remuneration of administrative staff as far as the budget allows and based on savings from suspending further judicial appointments. We will reinforce the training of judges, senior court officials, assistants and administrative staff, with a focus on the use of information and communication technologies. We will conduct a detailed analysis of court agendas in order to strengthen the principle of mediation in the resolving of legal disputes, reduce unnecessary court administration and, in certain cases, remove the decision-making powers of the courts, e.g. by transferring such powers to another state or non-state body or entity. We will also propose an amendment to the rules on the use of arbitration clauses. We will increase the supervision of the Ministry of Justice in relation to the disciplinary culpability of judges and will propose measures to enable the faster and more thorough hearing of the disciplinary culpability of judges. For future judges, we will make the judicial examinations more stringent and introduce a mandatory three years’ experience in other fields of law, plus a two-year training period, prior to their appointment. We will reinforce the principle of the lifelong education of judges. We will propose amendments to legislation paving the way for the creation of material and technical conditions for the further employment of inmates serving time. We will submit amendments to legislation facilitating the establishment of specialized tribunals and specialized prosecution services, especially in the fight against corruption and serious financial crime, so that these cases are placed in the hands of experienced and specially trained judges and prosecutors. We will submit an amendment to the Rules of Civil Procedure introducing time limits for certain types of proceedings so as to avoid unnecessary delays in such proceedings while maintaining the equality of the parties to legal disputes. We will analyse court fees and, on the basis of the results, will present a modification to court fees reflecting the type of case being heard, while respecting the need to ensure non- discriminatory access to court services by citizens and companies. We will submit a draft amendment to the Act on the Public Prosecutor’s Office and other appropriate legislation that will adjust the status not only of the Attorney General, with a view to consolidating his independence and responsibility for the exercise of the powers vested in him, but also of the entire prosecution system. This change would enshrine, in particular, the method for the appointment and removal of the Attorney General (the possibility of holding office for a fixed term) and prosecutors, the method for the exercise of supervisory powers by superiors, the method and form of imposing mandatory instructions, and the method for the allocation of cases, or the possibility of extending powers to a particular case by senior prosecutors. We will analyse the effectiveness of the organization of the judiciary and the four-tier judicial system, and will propose possibilities for simplification. We will examine the effectiveness of the competence of judges’ councils as bodies of judicial self-government, and consider how it could be reinforced.

Judiciary. ‌ Using resources from the European funds, we will continue the computerization of the judiciary, especially in the use of data boxes and their related applications and systems, the introduction of electronic criminal proceedings and the introduction of electronic case files. We will increase the numbers of senior court officials and assistants and will propose an increase in the remuneration of administrative staff as far as the budget allows and based on savings from suspending further judicial appointments. We will reinforce the training of judges, senior court officials, assistants and administrative staff, with a focus on the use of information and communication technologies. We will conduct a detailed analysis of court agendas in order to strengthen the principle of mediation in the resolving of legal disputes, reduce unnecessary court administration and, in certain cases, remove the decision-making powers of the courts, e.g. by transferring such powers to another state or non-state body or entity. We will also propose an amendment to the rules on the use of arbitration clauses. We will increase the supervision of the Ministry of Justice in relation to the disciplinary culpability of judges and will propose measures to enable the faster and more thorough hearing of the disciplinary culpability of judges. For future judges, we will make the judicial examinations more stringent and introduce a mandatory three years’ experience in other fields of law, plus a two-year training period, prior to their appointment. We will reinforce the principle of the lifelong education of judges. We will propose amendments to legislation paving the way for the creation of material and technical conditions for the further employment of inmates serving time. We will submit amendments to legislation facilitating the establishment of specialized tribunals and specialized prosecution services, especially in the fight against corruption and serious financial crime, so that these cases are placed in the hands of experienced and specially trained judges and prosecutors. We will submit an amendment to the Rules of Civil Procedure introducing time limits for certain types of proceedings so as to avoid unnecessary delays in such proceedings while maintaining the equality of the parties to legal disputes. We will analyse court fees and, on the basis of the results, will present a modification to court fees reflecting the type of case being heard, while respecting the need to ensure non- non-discriminatory access to court services by citizens and companies. We will submit a draft amendment to the Act on the Public Prosecutor’s Office and other appropriate legislation that will adjust the status not only of the Attorney General, with a view to consolidating his independence and responsibility for the exercise of the powers vested in him, but also of the entire prosecution system. This change would enshrine, in particular, the method for the appointment and removal of the Attorney General (the possibility of holding office for a fixed term) and prosecutors, the method for the exercise of supervisory powers by superiors, the method and form of imposing mandatory instructions, and the method for the allocation of cases, or the possibility of extending powers to a particular case by senior prosecutors. We will analyse the effectiveness of the organization of the judiciary and the four-four- tier judicial system, and will propose possibilities for simplification. We will examine the effectiveness of the competence of judges’ councils as bodies of judicial self-self- government, and consider how it could be reinforced.