The new draft judicial service
act (the JSA-1) envisages an abolition of the dis- ciplinary dismissal of a judge. Under the new rules, the termination of a judge’s office would be primarily due to
a negative evaluation of judicial service. The proposed amendment relies on four false assumptions. First,
the draft wrongly regards disciplinary proceedings as the predominant means for securing
judi- cial accountability in Slovenia. Second,
the evaluation of judicial service
would mostly not follow a final disciplinary decision as the draft
envisages. Third, contrary to the views of the sponsor of the new bill, the
Slovenian Constitu- tion allows judges to be dismissed without the involvement
of the National Assembly. Forth, Slovenia cannot freely regulate the matters at
hand, as the draft wrongly assumes, but is bound by certain international and
EU law ob- ligations. Because of these false assumptions, the draft, which was
meant to enhance judicial independence, paradoxically works to its detriment.
Key words: dismissal,
disciplinary sanction, evaluation of judicial service, reform of the
judiciary, judicial independence.