ODIHR issues legal opinion on Kazakhstan's law on status of judges

ODIHR issued a legal opinion on Kazakhstan's Constitutional Law on the Judicial System and Status of Judges to the Kazakh Supreme Court on 21 June 2011.

The opinion, prepared together with the Council of Europe's Venice Commission, was requested by the Supreme Court of Kazakhstan in view of the reform of the law planned for later this year.

The law was assessed for compliance with OSCE commitments and other international standards. The ODIHR Kyiv Recommendations on Judicial Independence, adopted in June 2010, were used to provide possible solutions and good practices for bringing the national legislation in line with international standards.

The opinion identified several areas where amendments are needed to ensure compliance with international and domestic standards on the independence of the judiciary. This includes the composition of the Judicial Council, the procedure of appointment and dismissal of judges, ensuring the principle of irremovability of judges, and providing fair procedures for disciplinary measures against judges.