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© Nikolai Doichinov
In the Sofia District Court the corridors are windowless and in some courts in the country it is difficult to observe even a distance of 2 meters.
After a long debate, controversy and divergent opinions, the panel of judges of the Supreme Council of the Judiciary (SJC) expressed their support for the proposed changes in the Law of Measures and Actions during the State of Emergency and the idea that the Courts across the country will go on vacation from November 15 to December 31. even because, in the words of the presidents of the courts, “the situation is out of control” and the number of patients is multiplying every day.
Support for the proposed amendments was expressed by 8 votes to 3. In practice, however, the National Assembly is the body that will decide whether there will be judicial vacations or not.
The idea is to reschedule the cases scheduled for consideration in public hearing during this time period for new dates, but no later than July 15, 2021 and was brought to the attention of the staff corps with a letter from Krassimir Tsipov of GERB .
During judicial holidays the administration of justice will not come to a complete halt – Cases that require short-term decisions will continue to be known. These are criminal cases in which there are detainees in custody, cases for maintenance, against domestic violence and for parental authority of minor children, for illegal dismissal and opinions on security claims.
This year, there were no traditional judicial vacations for the courts, as magistrates had to work before the summer to deal with cases accumulated during the state of emergency.
However, it is now necessary to reconsider the measures for the work of the courts, as there are many sick magistrates and judicial personnel throughout the country. In addition to the ruling on judicial vacations, the SJC panel of judges decided on Tuesday to review and update the measures to be followed by the courts during a pandemic, and they will continue to apply after December 31, 2020, when the risk of contagion may still be higher. to be tall.
The President of the Supreme Administrative Court: I am like a small RHI
The situation in some courts in the country is extremely difficult and worrying. Earlier today, the Supreme Administrative Court announced that a total of 64 judges and court employees in the administrative justice system have COVID-19 or are quarantined as contacts of people with established coronavirus infection. This is 4.3% of all employees in the administrative courts of Bulgaria, as shown by the data as of November 2, 2020.
These data are no longer true, because today we have more positive evidence from a judge and a court clerk. The situation is more than difficult. Our court buildings are not prepared to hear cases in compliance with all measures against the spread of the coronavirus. In Sofia. The district courts do not have windows, neither in the Specialized Criminal Court. Even the Judicial Chamber is not prepared for this. I am not talking about courts like the Varna District Court, for example, where the situation is tragic and cannot be observed even from a distance of 2 meters. , explained the president of the Supreme Administrative Court Georgi Cholakov.
He has repeatedly stressed that a judicial vacation definitely does not mean closing the courts and ending his judicial activity.
“Two weeks ago, I personally said that there was no reason to change the measures. Today the situation is radically different and measures are needed. If a judge gets sick, an entire panel breaks down. I have postponed more than 100 cases for a week. We have panels of courts, in which there is a healthy judge. Things are out of control! I am like a small RHI – every day I deal only with this – with evidence, quarantines and sick judges, “explained Georgi Cholakov and insisted so much in urgent measures such as in support of the judicial vacation proposal.
Krassimir Shekerdzhiev recalled that this year there were no judicial vacations. He also said that there are measures, but the measures do not work and a judge has already died.
“I hope I am not a bad prophet, but I am afraid I will not be the only one. There are colleagues in very serious condition. For 3 days, all the judges I have spoken with are waiting for a result or going to a PCR test. There are courts, in which everyone is ill or in contact. We must protect judges, employees and everyone else, “Shekerdzhiev emphasized.
However, Atanaska Disheva saw populism in the words of his colleagues that with a judicial vacation the SJC will protect the lives and health of judges.
“The work will be piling up and it is waiting for these same judges and court personnel. If there are no court hearings open now, there will have to be many more in the coming months. Also, the judges and court staff have families and children and are not living they are infected only in courtrooms. And what is the guarantee that after the court holidays the risk of coronavirus infection will decrease, “said Disheva.
He declined the offer of judicial vacations, stressing that it was far more important to take the proper steps to limit the spread of the coronavirus. According to her, neither the Legislative nor the Executive have stopped working because of the pandemic, and she said that this should not happen with the Judicial Branch.
The president of the Supreme Court of Cassation, Lozan Panov, expressed a similar opinion. “In spring we lost the balance between protecting the health and lives of magistrates and citizens and ensuring the possibility of justice. And if the situation worsens, will we announce a judicial vacation for 2021? Let’s take action and allow online hearings, postponement. in cases where a court panel cannot be formed, and to discuss other proposals. But a judicial vacation, definitely not, because it won’t solve the problem, “Panov said.
In the end, the panel of judges decided to discuss the specific measures and guidelines to give to the presidents of the courts on Tuesday of next week (November 10).
“Dnevnik” follows live the situation with the spread of the coronavirus in Bulgaria – read here. About the important news on the subject of the world, here.
