Parliament rejects Constitutional Court’s conclusion

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During its plenary session on May 6, Parliament rejected to accept the Conclusion No. 3 of the Constitutional Court of 2021.

On April 28, the Constitutional Court concluded that Article 76.2, from Article 77.1 to Article 77.11 and Articles 95.4, 95.5 and 95.7 of the Law on Courts of Mongolia violated the Constitution.

The Law on Courts of Mongolia stipulates that Parliament shall appoint a non-judge member of the Judiciary General Council (JGC), which is responsible for ensuring the independence of judges and the judiciary, and the Judicial Disciplinary Committee (JDC), which is responsible for reviewing and resolving issues of judicial discipline.

The court ruled that these law regulations violated the constitutional principle of allocation of state power.

During the session, Chairman of the Standing Committee on Justice S.Byambatsogt said, “Authorized representative of Parliament twice requested an adjournment of the court’s meeting, but the court rejected the request. This violated the principle that the Constitutional Court must ensure the equality of parties to the dispute and allow them to debate and hear explanations. Therefore, the conclusion cannot be accepted.”

Lawmaker B.Enkhbayar noted that it is regrettable that the Constitutional Court did not understand the provisions of the Constitution and said, “The open nomination and selection of non-judge members of the JGC and JDC means that no one can nominate anyone. Only citizens can nominate themselves. Based on this, a selection will be made and the standing committee will hold an appointment hearing. All of these activities will be carried out with the participation of the media, citizens and the public. In accordance with the law, Parliament will discuss and appoint them.”

Misheel Lkhasuren