To strengthen pillars of governance,
AMAN presents a set of recommendations to promote integrity of the High Court of Justice functions
Ramallah – The Coalition for Accountability and Integrity (AMAN) held a discussion session on a draft report, titled Independence and Impartiality of the High Court of Justice in Handling the Appeals Filed between 2015 and 2019. The report aims at examining the system of integrity in the High Court of Justice (HJC) functions in the West Bank. It places a special focus on indicators of impartiality and independence in the HJC work in general, and disposition of appeals filed against administrative decisions in class action lawsuits.
The report stresses the importance of separation of executive, legislative, and judicial powers as a key pillar of a democratic state. It casts light on the HJC in Palestine as a component of the Judicial Authority, which monitors the legality of, and court rulings on, decisions of the executive branch of government, ensuring that it enforces provisions of the law and safeguards rights and freedoms. Based on the pillars of independence, impartiality, and effectiveness of the HJC functions, the report comes up with a set of recommendations with the aim of bolstering public trust in the HJC decisions. To achieve justice, the HJC is the last resort for citizens to file appeals against administrative decisions.
The report provides some examples of cases disposed by the HJC. It analyses HJC decisions on class action lawsuits during the period from 2015 to 2019. These included failure to pay staff salaries and prisoner allowances, early retirement on pension, right to freedom of association, and right to strike.
To ensure independence, the Judicial Authority Law should be amended and a HJC President elected
The report recommends that the Judicial Authority be amended in order to separate offices of the Chairman of the High Judicial Council and HJC. The method of appointment of the HJC President needs to be modified to ensure independence of the Judicial Authority. The report also recommends that special training be independently provided by a specialised team to HJC judges. Accordingly, judges will be capable of handling legal provisions and proceedings of administrative appeals. In addition, a special financial regulation will be approved and published in due form to promote transparency of the Judicial Authority. This should avoid financial dependence on the executive, which would allow room for interference and pressure on judicial functions.
In relation to the HJC effective disposition of appeals filed on class action lawsuits in 2015-2019, proceedings were unduly lengthy in some cases. In others, the HJC did not have adequate time to investigate relevant evidence. In addition to unrestrained exercise of discretionary powers by the public administration, members of the HJC panel were changed at advance stages, including at the time of the delivery of judgements. Consequently, a regulation should be in place, ensuring that both judges and adversary parties have no advance knowledge of the cases or the court panel that considers these cases.
The report stresses the need that an effective mechanism be created to make sure that HJC rulings are enforced. It proposes that the Anti-Corruption Law be amended, whereby abstention from executing court judgements be restored as a corruption crime. The working relationship between the Palestinian Anti-Corruption Commission and HJC needs to be improved with a view to initiating necessary legal procedures, ensuring enforcement of court decisions, holding to account those bodies which refrain from enforcement, and maintaining summary and effective functions.
Strengthening internal and external accountability and control
To invigorate internal and external accountability and oversight, the report recommends that a system of internal control over the HJC operations be approved, ensuring that proceedings are in line with the law. Along this vein, citizens will also be capable of lodging complaints against any judges in the event of suspicions about external pressure or interference in the process of case disposition. The system will provide that HJC judges will be subject to judicial inspection. According to the report, the State Audit and Administrative Control Bureau and relevant oversight bodies will be allowed to control the HJC administrative and financial processes. The Judicial Institute will be separated from the executive, ensuring a full reporting relationship to the Judicial Authority.
To enhance HJC effective consideration of appeals, the report calls for establishing an administrative prosecution office to be dedicated to handling administrative proceedings. The HJC will have both the jurisdiction for annulment cases (annulment of manifest excess of power) and the jurisdiction for full remedy actions (compensation cases). HJC rulings will not be limited to annulling cases, but will also provide guarantees to adversary parties and promote rights and freedoms.
Shuaibi: Absence of an elected Legislative Council helps the executive interfere with judicial functions
Dr. Azmi Shuaibi, Advisor to AMAN’s Board of Directors for Anti-Corruption Affairs, asserted that the report has much in common with the integrity and governance of public administration. “It seeks to promote the governance system as a whole, particularly at a time when we are experiencing the absence of an elected Legislative Council.” According to Shuaibi, the administrative court or HJC, which reviews the decisions made or should have been made by the Executive, should be subject to public control.
In his presentation, Shuaibi highlighted the need for external or internal control over the HJC operations to assess how compliant judges are with the code of judicial conduct. Avoiding interference with core functions of the HJC, control will achieving an integration between the concepts of independence and control as well as ensure that the Judicial Authority is not immune to accountability and oversight.
