"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 11: Verifying the Fulfilment of Legal Criteria

1The administration of the High Court, within seven days from the expiry of the period for submission of expression of interest, under the responsibility of the Chairperson of the High Court, shall verify the criteria met by candidates in accordance with Article 7, paragraph 2 and 4 of this Law and shall officially announce the candidates on the official website of the High Court.

2The decision on disqualification of candidates who do not meet the legal requirements provided in Article 7, paragraph 2 and 4, shall be made by the Qualification Committee composed of the Chairperson of the High Court and two other judges of the High Court selected by lot from among the ranks of those who do not run as candidates. The lot on the election of members of the Qualification Committee shall be organized under the responsibility of the Chairperson of the High Court.

3Disqualified candidates shall be immediately notified individually by a reasoned decision on the causes for the disqualification.

4If there are no candidates for one or more of the levels of the judiciary to be represented in the High Judicial Council in accordance with Article 147 of the Constitution and in accordance with this Law, the Chairperson of the High Court shall make a second call no later than three days from the date of announcement of candidates on the official website of the High Court. In this case, the deadline for submission of expression of interest shall be 15 days from the date of the announcement of the second call.

5If no candidates from the unrepresented instances of the judiciary apply following the second call, they will be elected by lot from among the ranks of judges who have applied for the vacancy. A candidate who meets the criteria to be elected a Council member and criteria to be promoted or transferred to the unrepresented instances of the judiciary has the right to apply for the respective vacancy.

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