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p. 30 of 84 BACK | NEXT Introduction General Background The Legislative Framework The Legislative Process Government and the Administration The Judicial System The Court System The General Council of Courts Court Procedure The Judges The Bailiffs Working Conditions of the Judiciary Arbitration Recommendations The Legal Profession Legal Education Appendices

Developing Mongolia's Legal Framework: A Needs Analysis : The Judicial System

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The General Council of Courts

In order o help ensure the independence of the judiciary, the General Council of Courts was created.²¹ It has twelve members: the Chief Justice, the General Prosecutor, the Minister of Justice, a secretary appointed by the President,²² two members appointed by the Supreme Court, two by the Ikh Khural, two representi ng the aimag and Capital City courts, and two representing the courts of first instance.

The role of the Council includes submitting proposals to the Ikh Khural about the judiciaryþs budget, personnel and court buildings, recommending candidates for appointment to the judiciary, organising training courses for judges, and making rank²³ and other additional payments to judges and court officials.

In November 1994, the Council issued an outline of its proposed programme to ensure the independence of the judiciary for the years 1995 - 2000. The programme focuses primarily on perceived material needs, but also addresses training. It has been submitted to the Ikh Khural for approval.

In 1995, the Council established a judicial professional committee of nine experienced jurists to examine the qualifications of present and future judges. At the time of writing, it is in the process of finalising a code of ethics for judges. It also proposes setting up judicial disciplinary committees to review judges' conduct and impose sanctions, although as yet judicial discipline has not been a problem.

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²¹ Constitution, Article 49(3).

²² The present secretary is the chairman of the Administrative Office of the Courts.

²³ An explanation of these is given later in this chapter.

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