07 State Sphere: Judiciary (2 out of 5) First part

xStatale xFlagMagistraturaLast edited 20130601 hours 18:41)

The first mark on the left is the symbol of the State Sphere, one of the three existing spheres, which consists of five administrative divisions or departments. The second mark is the mark of the Judiciary (the scales of Justice).

The Judicial Structure consists of three areas: Employees, Officers and Magistrates (as we shall see, divided into three hierarchies). The latter, except for the way to be elected and for certain judgments of merit and efficiency, are equivalent to Officers.

The Board of Directors is composed of 4 members elected by all members of the Judiciary (employees), officers and magistrates are excluded, although the elected members can be officers and magistrates: in this Council every year, a member is replaced with a new, elected for another 4 years, he cannot be re-elected.

Once the position of Advisor, returns to his pristine work. In this Council we add a Member of the Sphere  o0 Donations, designated by the Board of Directors of Education. Such a member lasts 4 years and cannot be re-elected no more.

The Donations member votes like everyone else and has the power of veto on some predetermined topics provisional by law: the contested issue through the veto will be referred to the Board of Governors in the State Sphere. The Board of Directors is composed (like everyone else) by four members, two as above, one appointed by the Board of Directors of the Economic Sphere and one appointed by the External Board of Directors of the Sphere of Donations.

This Board makes decisions by a majority (three out of four). Essentially provides reports to the republic organs. Let us not forget that one of the objectives is to exchange information with other Judicial Divisions in other countries, so as to share experiences. We can in this way arrive in time to the unification of Legal Systems of the various countries.

In addition to laws, nobody can give orders to members of the Judiciary and their advice, so that any interest can harm or slow down the evolution of the Judiciary. The Board of Directors shall dismiss each year at least 1% of the employees and the 1% of judges, moreover the 1% of Prosecutors and 1% of Public Defenders  not accumulated. (See below the Table of Judges.)

In any moment, a control officer may proclaim the State of charge of a Manager, just a number of complaints established by law. The Manager or the Judiciary in charge is judged by a Joint Committee composed of two directors of the Economic Sphere (however designated by the Instruction Department) and two directors of the Sphere of Donations (designated by the Donations itself).

In all cases of negative judgement is revoked the license of the judicial ruling and the party will face new tests. The magistrate will not face new tests: being an elected Officer, as we will see below, and that’s it. Except for intent or gross negligence, will live in the meantime with the help of donations, if he has not lost citizenship and if in its sole discretion the Sphere of Donations that can decide for help. Obviously the details cannot be defined in this context.

Employees must have an authorization and qualifying as well as judicial officials and magistrates. They must have retained citizenship. To have citizenship you must be in good standing with the military service, which consists in three weeks a year from 25 to 56 years of age, on the Swiss system. Only people with a special certificate (on the specially created Military Service at the sphere of donations) may have been exempted for health reasons. They will be very few.

Court officials and prosecutors must have additional control if they do not have the military fitness certified. In addition, all managers and prosecutors can access appointments only directive if in possession of a two-year internship certificate at designated bodies, as farmers, mechanics and so on. The role of a judge is a leadership role, so it takes the requirements. Salary is commensurate to the work and can therefore be higher than the basic wage that  is established from the Donations. Obviously this salary may be even lower than the basic wage for documented cases.

Anyone may appeal the salary of anyone else. People who have legally established frequency of spurious appeals will suffer penalties. The basic remuneration is established from the Sphere of Donations: nobody can review such remuneration. No salary, nor for executives, nor for the President of the Republic, may, under no circumstances, exceed seven times the basic wage. All these principles obviously are not only valid for the judiciary, but throughout the Republic. For the Judges apply special rules: among all those who have citizenship (military service) and appropriate licences, are elected magistrates who remain in Office for seven years and are re-eligible.

Of course there are heaps of remuneration and for the preservation of earlier works are made by a Committee of the Economic Sphere and of the Sphere of Donations. The voters of judges are all those that participate as leaders of the Economic Sphere and in the Sphere of Donations, in addition, are voters also all those who over the past five years have lost or won a civil lawsuit, or were acquitted from criminal proceedings, provided that they are in good standing with citizenship. The body of judges is renewed every 3 years for half and half.

There is a Panel of judges, or Table,  held by the Department of Culture (Statistics) where scores are annotated on the efficiency of individual judges, as well as on the morality, of course. These scores are relevant to 1% of the judges dismissed every year. The economic sphere decides the policies of the Board held by Cultural Activities. The body of Judges is actually divided into three hierarchies: The hierarchy of Judging Courts, of which we have already talked about as Magistrates.

The hierarchy of Public Prosecutions, who has a license other than the Judge and remain in Office for 10 and a half years, with a third renewal every three and a half years for a third. Are appointed by the Economic Sphere. The hierarchy of Public Defence (business lawyers), who has a license other than the judge and remain in Office for 10 and a half years, with renewal every three and a half years for a third.

The Advocacy is appointed by a Joint Committee between cultural and Moral and Charitable Activities with the same time intervals.

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