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Ministry of Justice responds to judges’ work stoppages: Strikes are constitutionally prohibited

The Board of Directors of the Union of Judges and Prosecutors has decided that judges will go on a two-hour work stoppage in protest against the draft of the new Code of Civil Procedure

Newsroom July 1 09:00

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“The Constitution prohibits any form of strike to judicial officials“, announced the Ministry of Justice regarding the two-hour work stoppages being carried out by judges – in protest over the draft of the new Code of Civil Procedure – while stressing that there is no justification for “the abstention of judicial officials from performing their duties”.

It should be noted that the Board of Directors of the Union of Judges and Prosecutors decided that judges would go on a two-hour work stoppage from 10 am to 12 pm, from yesterday, Monday 30 June, until Wednesday 2 July.

For its part, the Ministry of Justice said in a statement that the formulation and development of the draft bill for the new Civil Procedure Code, which serves to upgrade the quality and speed up civil proceedings, does not justify the absence of judicial officials from performing their duties.”

He adds: “Not only is it premature, it prejudices the ethics of deliberation and is contrary to the existing constitutional provision that prohibits any form of strike by judicial officers.”

The Ministry of Justice’s statement reads as follows:

“The draft law entitled: “Interventions in the Code of Civil Procedure – Amendments relating to the publication of wills – Amendments to the regulatory framework of opposition to enforcement to speed up the adjudication – Other provisions under the jurisdiction of the Ministry of Justice“, which has been put out for public consultation, is the result of thorough work by eminent jurists, academics, senior and senior judges and lawyers, while a representative of the “Union of Judges and Prosecutors” participated in its preparation at all stages of its formulation.

 

The Ministry of Justice, during the consultation process, along with the ongoing dialogue with the social partners, expects comments and observations in order to improve and supplement the proposed provisions. In this context, judicial officers and their representatives are in daily communication with the ministry.

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Any partial disagreement of the “Union of Judges and Prosecutors” on a bill under development and in progress, which serves to improve the quality and speed up civil proceedings, does not justify the absence of judicial officers from the performance of their duties. Not only is it premature, but it prejudices the ethics of deliberation and is contrary to the existing constitutional provision that prohibits any form of strike by judicial officers.”

 

 

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