President relinquishes his power to appoint judges and head of IAAC www.montsame.mn
It was reported during the press conference held by the Staff to the President today that President U.Khurelsukh has submitted a petition to the Constitutional Court to lift the vetoes invoked on the revised Law on Jurisdictions and the amendments to the Law Against Corruption.
In particular, the previous President Kh.Battulga invoked a line-item veto on Article 1 of the Amendments to the Law Against Corruption, which rules that the Director of the Independent Agency Against Corruption (IAAC) to be appointed at the recommendation of Prime Minister for a 6-year term, and partial veto on Law on Jurisdictions, which states that members of the General Council of Courts and Judicial Disciplinary Committee will be appointed by a working group headed by a parliament member and established by the Speaker of the State Great Khural (Parliament). The Constitutional Court ruled in favor of the veto, but the State Great Khural refused to accept the conclusion.
Ya.Sodbaatar, the Chief of Staff to the President, clarified during the press conference that the current President is requesting to lift the veto before the session of the Constitutional Court which will be held soon regarding this issue. He said, “Over the past 30 years, we have taken a number of measures to ensure the judicial independence, which has been one of the most controversial issues in society and among lawyers. Today, the President of Mongolia, U.Khurelsukh, is relinquishing two of the powers that the former Presidents of Mongolia have had over the past 30 years. In particular, the President is relinquishing his presidential powers to appoint judges, hold judges accountable, and appoint the director of the Independent Authority Against Corruption (IAAC) “
The Chief of Staff to the President underscored that in order to continue the order of justice and judicial reform that President U.Khurelsukh initiated when he was the Prime Minister, he is creating conditions for the normal implementation of the revised Law on Jurisdictions and the Amendments to the Law Against Corruption that have been stalled for the last eight months due to the previous President's vetoes and appeals to the Constitutional Court.
“The President will overthrow the old mechanism of appointing and holding judges accountable, and this power will be transferred to the State Great Khural as stated in the revised Law on Jurisdictions. Moreover, the Director of the Independent Agency Against Corruption (IAAC) will be appointed at the recommendation of Prime Minister for a 6-year term as ruled by the Amendments to the Law Against Corruption. Thus, the major reforms aimed at ensuring the judicial independence and strengthening social justice are starting today” he added.
Published Date:2021-09-07