Decisions Of The SCM

Searching for SCM decisions is very difficult. If you want to find a decision on a certain aspect or related to a certain person, this is impossible, because there is no electronic search system and no description of them. SoJust makes available on its website, for those interested, such an outline of the decisions handed down by the Plenary so far [33] (which should have been done by those who are paid for it, soJust members have done pro bono ) .

As a general remark, it would be normal for decisions that are not taken unanimously to specify the number of those who voted for, against or abstained; those who have a different opinion than the majority should motivate their separate opinions. It is interesting that the decisions, both of the Plenary and of the sections, are signed only by the president or vice-president, although any decision should be signed by those who adopt it. There is a regulation – art. 7 paragraph 4 letter e) of the Regulation on the organization and functioning of the SCM according to which the President signs the acts issued by the plenary, but we do not believe that this provision can refer to decisions, but only to communiqués, addresses.

Analyzing the SCM decisions, mostly public on the SCM website [34] , we found a lot of irregularities, unacceptable for SCM members who are mostly magistrates and therefore should have been accustomed to the law enforcement, for example. drafting and publishing decisions. Thus, I noticed: