CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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social pressures – which give rise to interference in legal proceedings,
corruption and greed, uncertainties, and conflicts between authorities or within
one authority – all greatly undermine the independence and prestige of the
judiciary. The judiciary is therefore seen by the public as being very ‘sick’,
notwithstanding the efforts of several honest and competent judges.
iii.
Recommendations of the APR Panel
231.
In order to guarantee the separation and balance of powers, the APR Panel
recommends:
232.
98
Institutional capacity building for the National Assembly by recruiting and
training parliamentary staff (Parliament).
Improving the status and service conditions of parliamentary staff by
introducing a career development plan, salary increments, and so on
(Parliament).
Depoliticising the staff by making them work as public officials in the
service of the nation rather than for any particular political group
(Parliament).
Opening parliamentary offices in every district (Parliament).
Providing further training for MPs in the work of Parliament, in methods
of executive control, for parliamentary missions and in the necessity to be
answerable to the electorate (Parliament, possibly with the cooperation of
development partners).
Reviewing establishment laws and the Electoral Provisions Act on the
appointment of MPs to ensure better representation (at least one MP for
each district), and to take into account gender balance and age (Parliament
and government).
In order to consolidate the independence of the courts and the judiciary, the
APR Panel recommends:
Providing greater autonomy for the JSC from the Executive, seeing that
the president of the republic and the minister of justice are also the
chairman and second vice-chairman respectively of the JSC (government,
Parliament, the Constitutional Court, the JSC and judicial workers’
unions).
Accelerating the implementation of the PIRSJ, and updating the data on
the various components if necessary (government and Parliament, with
assistance from development partners).
Setting up an ad hoc inspection, performance evaluation and anticorruption task force within the judiciary. This should comprise
representatives from all sectors of the judicial system selected for their