Print   

CONSTITUTION

 

[...]

CHAPTER III Status of judges

Article 215

(Judges of the courts of law)

1. The judges of the courts of law shall form a single body and shall be governed by a single statute.

2. The law shall lay down the requirements and rules governing the recruitment of judges of the courts of law of first instance.

3. The prevailing criterion in the selection of judges of the courts of law of second instance shall be that of merit, to be determined by a competitive submission of curricula by judges of first instance.

4. Appointment to the Supreme Court of Justice shall be determined by a competitive submission of curricula by judges, public prosecutors and other meritorious members of the legal profession, as laid down by law.

Article 216

(Guarantees and incompatibilities)

1. Judges shall enjoy security of tenure and shall not be transferred, suspended, retired or removed from office except in the cases laid down by law.

2. Save the exceptions laid down by law, judges shall not be held personally liable for their rulings.

3. Serving judges shall not perform any other public or private function, save unremunerated teaching or legal research functions, as laid down by law.

4. Serving judges shall not be appointed to judicial functions unrelated to the work of the courts without the authorisation of the competent Supreme Council.

5. The law may lay down other incompatibilities with the exercise of the office of judge.

Article 217

(Appointment, assignment, transfer and promotion of judges)

1. The appointment, assignment, transfer and promotion of judges of the courts of law and the exercise of discipline over them shall be the responsibility of the Supreme Judicial Council, as laid down by law.

2. The appointment, assignment, transfer and promotion of judges of the administrative and tax courts and the exercise of discipline over them shall be the responsibility of the respective Supreme Council, as laid down by law.

3. Subject to the guarantees provided for by this Constitution, the law shall define the rules governing the assignment, transfer and promotion of judges of the remaining courts and the exercise of discipline over them, and shall determine the responsibility to do so.

Article 218

(Supreme Judicial Council)

1. The Supreme Judicial Council shall be chaired by the President of the Supreme Court of Justice and shall also be composed of the following members:

a) Two to be appointed by the President of the Republic;

b) Seven to be elected by the Assembly of the Republic;

c) Seven judges to be elected by their peers in accordance with the principle of proportional representation.

2. The rules governing guarantees enjoyed by judges shall apply to all the members of the Supreme Judicial Council.

3. The law may provide for court officials to be members of the Supreme Judicial Council, in which case they shall be elected thereto by their peers. Such members shall only participate in the discussion and voting on matters concerning the assessment of the professional merit of, and the exercise of discipline over, court officials.

[...]