The study discusses the political position, composition, organisation and competence of the High Council for the Judiciary in Portugal. It is an office clearly supported by the constitution (Articles 215 and 217), demonstrating the features of the southern European model of the functioning of judicial councils in Europe. Although judges do not formally have a majority in the High Council for the Judiciary, they can in practice obtain it when making specific decisions. However, in this aspect, the solutions adopted in Portugal do not follow the recommendations of the Committee of Ministers of the Council of Europe. They are also critically assessed in reports of other institutions (e.g. GRECO).
The article elaborates the political position of the High Council of the Judiciary in France, as well as the number of changes that this body has undergone as a result of several amendments to the Constitution of the Fifth Republic. The High Council, established initially as a body subordinate to the executive, evolves over time towards greater independence. This results from the increasing representation of judges and prosecutors in the structure of the High Council, strengthening of its competences in the process of appointing judges, and expanding the powers related to disciplinary matters. Nevertheless, this process has not ended yet, as further changes are planned to enhance the emancipation of the High Council.
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