The judicial structure in the construction engineering system, part one: the judicial structure of other countries that create independence
You can write articles for hours against the current situation of the provincial disciplinary council, the parallel council and the country’s disciplinary council, but it is preferable to deal with the issue in a different way. One of the main topics discussed by law graduates and their theses is the judicial structure. It is this judicial structure that is the biggest lesson of the American election for the engineers of the construction engineering system. A structure whose output is the independent judiciary.
Judicial independence, however, cannot be achieved through words. In order to achieve judicial independence, the need for occupational, financial, and administrative independence. is
In order to achieve financial independence, Canada has completely separated the discussion of judges’ salary, overtime and insurance, while the salary of the disciplinary council is determined by the vote of the assembly (according to the rules of holding assemblies), which is the first shot to the heart of the independence of the disciplinary council and payment It is done by the board of directors so that the second shot is fired. Even the judge’s salary will be paid to him after his retirement. Of course, such a judge is not afraid of issuing verdicts for criminals, and after his death, his salary will be paid to his survivors. Do you know such a situation in the police council?
Of course, before financial independence, employment independence should be mentioned. It is not observed in any judicial structure that the judge is not appointed. In Canada, people who want to become judges fill out the necessary forms and then the advisory committee starts the evaluation. After that, it is recommended, not recommended, that the governor or the minister of justice (according to the type of court) is responsible for the appointment.
But unfortunately, in the current police council, the members are elected by the votes of the board members, which is a completely independent process. This same process that disrupts independence makes us witness the fight for the election of council members these days.
But the termination of the judicial period is also very effective on judicial independence. That a judge is not dismissed unless he dies or retires or behaves contrary to them. The investigation of their contrary behavior is also done by a judicial council. But in the police council of the province, the police council of the same width, the police council of the country, there is a possibility of change at the end of a short period of time, which makes efforts to stay longer or to move earlier. . When the end point for a healthy judge in Canada is so hard, he will vote with stronger independence.
In addition, judges are subject to the prohibition of multiple jobs and cannot work in several places at the same time to help maintain their impartiality.
The same discussion above for the selection of members of the quasi-judicial branches of the Article 100 Commission, the Tax Law Dispute Resolution Council, the Article 12 Commission of the Cargo and Passenger Transport Regulations, etc. can also have
The recent interview of the Director of the Engineering Development Office in the discussion of the change in the law of the building engineering system showed that sufficient studies have not been done for the changes in the law of the engineering system and building control.
A small consultation with a few lawyers is enough to suggest the best structure for the independence of the police council.
Abolfazl Tabarzadi
Member of the Organization of Construction Engineering System of Khuzestan Province
#administrative_council
#Amendment_of_the_law
The link of Pragmatic Engineers channel
@Amalgaraa
This post is written by AbolfazlTabarzady