President of the Judicial Association of the Czech Republic Daniela Zemanova
On the recommendation of the European Commission, the Czech Republic, like other EU countries, must introduce a completely new and as yet unclear thing – tribunals. It is these independent tribunals, and here the word independent is fundamental, that will have to make the final decision on whether to grant asylum to those people who have already been refused. Currently, in such cases, these issues are considered by administrative courts.
What does the President of the Judicial Association of the Czech Republic Daniela Zemanova think about the tribunals that will soon appear? Does she like this proposal from the European Commission?
– It all depends on how exactly the tribunals will work, – says Daniela Zemanova in an interview with the editor of Radio Prague. – The word 'tribunal' is a very vague concept. A tribunal can have different powers. But I believe that an equivalent option to a tribunal is the strengthening of the administrative judicial system.
– And which system is more effective: administrative courts or tribunals?
– How the system of administrative courts works, we know. We know all the details, shortcomings and advantages. But the Czech Republic has no experience yet with the work of independent tribunals. Until we understand how these tribunals will work, we cannot compare the two systems. Currently, in international law, there are many different options for how issues of granting asylum and considering appeals are resolved. I cannot call any of them ideal; they are all equivalent. So let's wait until the tribunals appear, and only then can I say which system is more effective – administrative courts or tribunals.
– Who do you think should work in the tribunals? What kind of people? What is the essence of the concept of an 'independent tribunal'? Should judges be part of the tribunals?
– The composition of the people who will be part of it directly depends on what powers the tribunal will receive. That is, only when it becomes clear what and how the tribunal will do, can we talk about who can or should be part of it. The concept of 'independent' is very broad. When the law establishes what and how the tribunal decides, then it will be clear whether judges should be included. But in that case, the decision on granting or not granting asylum would be made immediately.
– Did the Ministry of Justice of the Czech Republic hold any consultations with you?
– They did not consult with the Judicial Association. But that is understandable. With our Association, the Ministry of Justice deals with everyday issues, specific processes and specific cases. I know that in May and June the Ministry of Justice held consultations on what to do and how to do with this system of tribunals, how to introduce it into the Czech legal field. But, according to the information I have, the main point that became the main topic of that discussion was to decide which path to choose: a tribunal or strengthening the powers of administrative courts.