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

Article 128: Recusal and replacement of member

1The candidates may seek the recusal of the member of the Independent Ad Hoc Commission from the participation in the process of the preliminary verification of the legal conditions, preliminary evaluation of the moral and professional criteria and the ranking of candidates not later than 3 days prior to the date of meeting of the commission, upon the existence of one of the cases provided for in Article 126 and 127 of this law and the member does not recuse himself from the examination of the case.

2The decision for the recusal of the member shall be made by the Chairperson of the Commission. Where the recusal of the Chairperson is requested, the decision shall be made by the Deputy Chairperson.

3Where the recused, self-recused or absent member is the People’s Advocate, he shall be replaced by the Commissioner of the People’s Advocate being most senior in age.

4Where the recused, self-recused or absent member is the Chairperson of the Justice Appointments Council, he shall be replaced by the Deputy Chairperson of the Justice Appointments Council.

5Where the recused, self-recused or absent member is one of the other members of the commission, he shall be replaced by the alternate member being elected according to the provisions of Article 121.

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