We do not need the tutelage of anyone and we do not threaten the independence of anyone
Statement
We do not need the tutelage of anyone and we do not threaten the independence of anyone
The Executive Office of Friendship Association of Court Clerks,
juridical, financial and administrative, held a meeting on June 30,2018. The office had discussed many of the points on the agenda. Nevertheless, the point on professional issues and specially the position of court clerks from the Judicial Organization project and the Code of Conduct for the judge, as well under the government decree No. 420 of 2018 dated 7 May 2018 concerning the organization of the court registries of juridical class and the regulation of the conditions of the work assignment special to it and the exemptions from it and the government decree No. 395 of 2018 dated 23 April 2018 concerning the organization of regional departments of the Ministry of Justice and the regulation of its content, overwhelmed the schedule in view of the Executive Committee's perception of the heavy burden of responsibility entrusted to it.
In regards to the professional concern of the sector clerks, the Committee would exert all of its effort to defend it with all the legitimate means. Therefore, and in the belief of the accuracy of the legislative stage that the country is undergoing and the importance of the large workshops on reform of the justice system, it can not help raising the attention of the national and sectoriol public opinion to the following:
First, talking about the independence of the judiciary has never been
a matter for the judges . Rather, it was a community affair in which
most of the components of the justice system, along with many
organizations and bodies of civil society, were involved. Thus, any
attempt to limit its protection to one party, in our view, would be only
an output of the independence of the judiciary from the public
community embrace to a categorical field, which is too narrow to
accommodate or contain it , and even unable to protect it because it is
heavier than to be solely held by one component.
Secondly, the decree concerning the judicial organization for more than forty years, was put into pratice despite its confusion in many of its requirements in a way that is detrimental to the interests of the litigant who is supposed to be served by it. Examples include the retrieval of solutions that preceded its experience and failed to achieve judicial efficiency. As is the case with coping with the collective justice system or the individual for which the legislator has exhausted all the tricks without being able to put an end to the waste of judicial time through enabling the litigant to judicial decision in a reasonable time, though the optimal solution that was left absent is the investment of the human resources that are abundant in the sector and are intended to remain idle from any effective role in the production of justice.
Thirdly, the Judicial Organization Project, the Code of Conduct of the Judge and the Supreme Council of the Judiciary make the judicial administration personnels trapped in the minimum of their abilities and competencies, thus the public facility in general and in particular the great potential would waste plenty of potentials that can be harnessed in the service of justice. It is enough to be aware of the absence of talk about the structure of 80 percent of the human resources of the courts of the Republic of Tunisia, so that procedural action remains away from any organized organizational conception that contributes to the proper conduct of tasks and the smooth provision of services. As a result, all the institutions governing the administrative work of the Court are reserved for judges; its name, composition or competencies, and even the needs of this formative and cultural apparatus or human resources has been ordered and decided by the judges through their association or through their office within the court, etc., which we consider to be a disruption of much-needed capabilities.
Fourthly, Judicial administration personnels do not need the guardianship of anyone, do not threaten the independence of anyone. Their independence strengthens the facility and improves the services and links responsibility to accounting.They have the energies and competencies which authorize them through the establishment of the General Clerk's Organization to manage the administrative and financial efficiency no less efficient than others. Taking into account their specialization, they do not see any realistic or legal logic in entrusting them with their original competencies under the tutelage of a power other than the authority to which they belong or under the authority of a body which does not exercise administrative functions originally but rather dependently.
Fifthly, We have presented observations and proposals as is well known to every one, and enumerated our methods of work to communicate our voice to anyone who has a close or distant relationship to the subject. We organized seminars and forums and press conferences and held communicative and informative meetings for the nature of the file that we defend along with its citizenship dimension that evokes the development of judicial service and the making of it accessible to the litigant by the easiest ways and shortest deadlines. We have also initiated a series of meetings with the Public Legislation Committee within the Parliament. We know beforehand that the responsibility of bringing out a judicial organization that achieves balance and cooperation between all the elements of the judicial scene and takes into account the interests of the litigant before the others, is far away from any categorical perception. A responsibility shared by the three authorities; the judiciary as a safety valve for society in all its components, and also because its entity is founded on the basis of which it is based on impartiality and objectivity and because its independence is based on solid constitutional guarantees; The legislature, which has a duty to deal positively with all the proposals and give the bills the attention they deserve avoiding any ratification before empty chairs; The executive branch, as a guardian of public administration and directly concerned with the practical improvement of the services provided in the courts, as well as the great responsibility of reaching the Chronic Digital Court, the most recent of which is 2020; these issues are considered to be the most important factor and perhaps the only one for the judicial administration clerks. In our view, there is nothing less than the amendment of Order 420 of 2018 concerning the administration of the courts and not the judicial organization. So as to ensure a clear structure in its structure and harmony in the mechanisms of its operation and independent in the performance of the tasks assigned to it, because if liability is a condition for accountability, so independence is a condition of responsibility.
Finally, we announce the opening of workshops to introduce our perceptions of the draft judicial and administrative organization, and the definition of what we can bring to the justice in general, and the litigant in particular, as services that will achieve judicial efficiency and reduce the judicial time wasted, during the remainder of the year 2018 through the following:
• Seminars and forums locally, regionally and nationally.
• Sessions with all those involved in the future of justice.
• Articles and interviews with the national and international media.
• Investing positive relationships with all friendly organizations of common interest nationally and internationally.
• Demonstrations and other activities unprecedented in community work.
Respectfully yours,
The Executive Office
President of the Association
Abderraouf Bouchoucha
Secondly, the decree concerning the judicial organization for more than forty years, was put into pratice despite its confusion in many of its requirements in a way that is detrimental to the interests of the litigant who is supposed to be served by it. Examples include the retrieval of solutions that preceded its experience and failed to achieve judicial efficiency. As is the case with coping with the collective justice system or the individual for which the legislator has exhausted all the tricks without being able to put an end to the waste of judicial time through enabling the litigant to judicial decision in a reasonable time, though the optimal solution that was left absent is the investment of the human resources that are abundant in the sector and are intended to remain idle from any effective role in the production of justice.
Thirdly, the Judicial Organization Project, the Code of Conduct of the Judge and the Supreme Council of the Judiciary make the judicial administration personnels trapped in the minimum of their abilities and competencies, thus the public facility in general and in particular the great potential would waste plenty of potentials that can be harnessed in the service of justice. It is enough to be aware of the absence of talk about the structure of 80 percent of the human resources of the courts of the Republic of Tunisia, so that procedural action remains away from any organized organizational conception that contributes to the proper conduct of tasks and the smooth provision of services. As a result, all the institutions governing the administrative work of the Court are reserved for judges; its name, composition or competencies, and even the needs of this formative and cultural apparatus or human resources has been ordered and decided by the judges through their association or through their office within the court, etc., which we consider to be a disruption of much-needed capabilities.
Fourthly, Judicial administration personnels do not need the guardianship of anyone, do not threaten the independence of anyone. Their independence strengthens the facility and improves the services and links responsibility to accounting.They have the energies and competencies which authorize them through the establishment of the General Clerk's Organization to manage the administrative and financial efficiency no less efficient than others. Taking into account their specialization, they do not see any realistic or legal logic in entrusting them with their original competencies under the tutelage of a power other than the authority to which they belong or under the authority of a body which does not exercise administrative functions originally but rather dependently.
Fifthly, We have presented observations and proposals as is well known to every one, and enumerated our methods of work to communicate our voice to anyone who has a close or distant relationship to the subject. We organized seminars and forums and press conferences and held communicative and informative meetings for the nature of the file that we defend along with its citizenship dimension that evokes the development of judicial service and the making of it accessible to the litigant by the easiest ways and shortest deadlines. We have also initiated a series of meetings with the Public Legislation Committee within the Parliament. We know beforehand that the responsibility of bringing out a judicial organization that achieves balance and cooperation between all the elements of the judicial scene and takes into account the interests of the litigant before the others, is far away from any categorical perception. A responsibility shared by the three authorities; the judiciary as a safety valve for society in all its components, and also because its entity is founded on the basis of which it is based on impartiality and objectivity and because its independence is based on solid constitutional guarantees; The legislature, which has a duty to deal positively with all the proposals and give the bills the attention they deserve avoiding any ratification before empty chairs; The executive branch, as a guardian of public administration and directly concerned with the practical improvement of the services provided in the courts, as well as the great responsibility of reaching the Chronic Digital Court, the most recent of which is 2020; these issues are considered to be the most important factor and perhaps the only one for the judicial administration clerks. In our view, there is nothing less than the amendment of Order 420 of 2018 concerning the administration of the courts and not the judicial organization. So as to ensure a clear structure in its structure and harmony in the mechanisms of its operation and independent in the performance of the tasks assigned to it, because if liability is a condition for accountability, so independence is a condition of responsibility.
Finally, we announce the opening of workshops to introduce our perceptions of the draft judicial and administrative organization, and the definition of what we can bring to the justice in general, and the litigant in particular, as services that will achieve judicial efficiency and reduce the judicial time wasted, during the remainder of the year 2018 through the following:
• Seminars and forums locally, regionally and nationally.
• Sessions with all those involved in the future of justice.
• Articles and interviews with the national and international media.
• Investing positive relationships with all friendly organizations of common interest nationally and internationally.
• Demonstrations and other activities unprecedented in community work.
Respectfully yours,
The Executive Office
President of the Association
Abderraouf Bouchoucha
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