Objection against termination rejected
The Supreme Court has rejected the objection filed by judge Doria Varoshiotou against the decision on her dismissal.
Reading out its ruling, the court noted that the decision was not unanimous, and referred in detail to the background of the case. It stressed that the appointment of judges on a probationary basis is a long-standing judicial practice.
Probationary appointments and evaluations
The Supreme Court explained that judges appointed on probation are assessed over a two-year period and are confirmed in their post only if deemed suitable. Evaluation reports are submitted every six months, and it is the continuous duty of the Judicial Council to assess whether a judge possesses both the required legal knowledge and the appropriate character for the role.
No arbitrariness or interference found
The court underlined that Varoshiotou was aware she had been appointed on probation and that her appointment was made by an independent body, the Judicial Council. It found no evidence of arbitrariness or external interference in the process.
“The Judicial Council is subject to review by the Supreme Constitutional Court. The applicant never disputed that her appointment was not permanent. The authority of the Council not to proceed with the confirmation of a judge must be recognised,” the ruling stated.
No pressure or lack of impartiality
The Supreme Court further noted that Varoshiotou did not receive instructions or pressure, nor was there any lack of impartiality on the part of the president of the Judicial Council.
Serious legal errors cited
The court found that Varoshiotou conducted judicial proceedings outside the scope of the legislation, and identified serious weaknesses and legal errors in the death inquest into Thanasis.
It concluded that the assessment of unsuitability reached by the Judicial Council was justified. The court also noted that the questions raised did not meet the requirements for referral to the Court of Justice of the European Union, while there was an attempt to apply Article 19 without considering the full range of relevant facts.
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