STATISTICS OF PROCEEDINGS Figure 7. Distribution of special proceedings The largest number of special proceedings, i.e. 30.6%, were related to initiating disciplinary proceedings against judges and other proceedings relating to the activities of courts. One conciliation proceeding for resolving a discrimination dispute between private individuals was initiated during the reporting year, but it was interrupted due to unwillingness of the parties to participate in conciliation proceedings. In 2010, there was a 36% increase in the number of cases for initiating disciplinary proceedings against judges and other proceedings relating to the activities of courts.37 Unlike in 2008 and 2009, the Chancellor had to take disciplinary charges to the Supreme Court on his own initiative in 2010. In addition, the Chancellor made five recommendations to the courts for improving the work of the courts, one memorandum for amending legal regulation, and one circular to the courts. 2.4. Cases not accepted for proceedings The Chancellor of Justice does not initiate substantive proceedings with regard to a petition if its resolution is not within his competence. In that case, the Chancellor explains to the petitioner which institution should deal with the issue. The Chancellor can also reject a petition if it is clearly unfounded or if it is not clear from the petition what constituted the alleged violation of the petitioner’s rights or principles of good administration. The Chancellor is not competent to intervene if a court judgment has been made in the matter of the petition, the matter is concurrently subject to judicial proceedings or pre-trial complaint proceedings (e.g. when a complaint is being reviewed by an individual labour dispute settlement committee or similar pre-judicial body). The Chancellor cannot, and is not permitted to duplicate these proceedings, as the possibility of filing a petition with the Chancellor of Justice is not considered to be a legal remedy. Rather, the Chancellor of Justice is a petition body, with no direct possibility to use any means of enforcement. The Chancellor resolves cases of violation of people’s rights if the individual cannot use any other legal remedies. In cases when a person can file an administrative challenge or use other legal remedies or if administrative challenge proceedings or other non-compulsory pre-trial proceedings are pending, the Chancellor’s decision is based on the right of discretion, which takes into account the circumstances of each particular case. The Chancellor may also decide not to initiate proceedings with regard to a petition if it was filed more than one year after the date on which the person became, or should have become, aware of violation of their rights. Applying the one-year deadline is in the discretion of the Chancellor and depends on the 37 Since 2010, the Office of the Chancellor of Justice changed the methodology for collecting statistics of cases concerning the activities of courts and judges. Previously, special proceedings included only proceedings relating to the activities of judges, but since 2010 the proceedings relating to other activities of the courts are also included. The change in methodology also resulted in the increase of the number of respective cases. 77

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