Details on the management of information gathered by the Commission in the evaluation process

Considering recent legislative changes related to vetting and pre-vetting processes, the Judicial Vetting Commission has issued clarifications regarding the management of information gathered during the evaluation process.

- 𝗔𝗖𝗖𝗘𝗦𝗦 𝗧𝗢 𝗧𝗛𝗘 𝗘𝗩𝗔𝗟𝗨𝗔𝗧𝗜𝗢𝗡 𝗙𝗜𝗟𝗘: Under the law, all subjects have the right to request access to all materials collected by the Commission during the evaluation process. This right can be exercised by submitting an electronic request to the Commission. Accordingly, any subject who makes such a request will receive all materials obtained during the evaluation in electronic format.

- 𝗖𝗢𝗡𝗧𝗘𝗡𝗧 𝗢𝗙 𝗘𝗩𝗔𝗟𝗨𝗔𝗧𝗜𝗢𝗡 𝗙𝗜𝗟𝗘: The evaluation files contain all the information accumulated by the Commission during the evaluation, including petitions received from citizens.

- 𝗦𝗧𝗢𝗥𝗔𝗚𝗘 𝗢𝗙 𝗜𝗡𝗙𝗢𝗥𝗠𝗔𝗧𝗜𝗢𝗡: All evaluation materials are kept by the Commission in electronic format. Paper documents are scanned and digitized, being included in the file of each subject.

- 𝗧𝗥𝗔𝗡𝗦𝗠𝗜𝗦𝗦𝗜𝗢𝗡 𝗔𝗡𝗗 𝗗𝗘𝗦𝗧𝗥𝗨𝗖𝗧𝗜𝗢𝗡 𝗢𝗙 𝗘𝗩𝗔𝗟𝗨𝗔𝗧𝗜𝗢𝗡 𝗠𝗔𝗧𝗘𝗥𝗜𝗔𝗟𝗦: For subjects of Law 65/2023 and Law 252/2023, the Commission sends the evaluation reports and all accumulated materials to the Superior Council of Magistracy (SCM). Recent legislative amendments establish that the destruction of information occurs after it has been sent to the SCM. However, materials cannot be destroyed immediately upon sending to the SCM, as some cases may return for resumed evaluation. Pursuant to Law 26/2022, decisions issued by the Commission may be challenged directly before the Supreme Court of Justice.

- 𝗔𝗣𝗣𝗘𝗔𝗟𝗦: In cases where subjects challenge the Commission's decision or, as the case may be, the evaluation report in court, all materials must be sent to the court. Subsequently, this information becomes part of the court file and is preserved in accordance with the specific archiving rules of the judicial system.

𝑇ℎ𝑒 𝑉𝑒𝑡𝑡𝑖𝑛𝑔 𝐶𝑜𝑚𝑚𝑖𝑠𝑠𝑖𝑜𝑛 𝑤𝑖𝑙𝑙 𝑟𝑒𝑣𝑖𝑠𝑒 𝑖𝑡𝑠 𝑟𝑒𝑔𝑢𝑙𝑎𝑡𝑖𝑜𝑛𝑠 𝑡𝑜 𝑎𝑙𝑖𝑔𝑛 𝑤𝑖𝑡ℎ 𝑡ℎ𝑒 𝑟𝑒𝑐𝑒𝑛𝑡 𝑙𝑒𝑔𝑖𝑠𝑙𝑎𝑡𝑖𝑣𝑒 𝑐ℎ𝑎𝑛𝑔𝑒𝑠 𝑎𝑛𝑑 𝑤𝑖𝑙𝑙 𝑐𝑜𝑚𝑚𝑢𝑛𝑖𝑐𝑎𝑡𝑒 𝑡ℎ𝑖𝑠 𝑖𝑛𝑓𝑜𝑟𝑚𝑎𝑡𝑖𝑜𝑛 𝑡𝑜 𝑡ℎ𝑒 𝑝𝑢𝑏𝑙𝑖𝑐.

‍