1Subject to provisions of letter “a” or “b” paragraph 1 of Article 101 of this Law, a disciplinary misconduct during the exercise of the judicial function are in particular the behaviours and acts of the magistrate, as follows:

afailure in filing the request for recusal from the proceedings or from the trial of the case, when it is obligatory by the procedural law, if the magistrate is or becomes aware of such circumstances;

b"request of the magistrate for recusal and its approval, if applicable, by the c chairperson, if these actions are: i) not based on reasons provided by the law; ii) done deliberately aiming at creating unfair profit for the parties or third parties, or aiming at shirking the legal responsibility by the magistrate to review the case or aiming at creating the possibility of assigning the case to another magistrate; iii) significantly delayed. "

cbehaviour, acts and other conducts of magistrates, which create unfair benefits or damages to the parties in a trial or investigation/adjudication or the pursuit of objectives, which are extraneous to the obligations of magistrates;

çinterference or any other undue influence on the exercise of the duty of another magistrate;

dirregular use of the work of others to meet the legal obligations pertaining to the exercise of the function of the magistrate or the delegation of activities assigned to the magistrate to other persons;

dhintentional or repeated and unjustified omission of fulfilling the investigative or judicial functions, as well as other duties that are assigned to a magistrate because of the function;

erepeated and unjustified delays of procedural actions and in issuing of acts during the exercise of the duty of the magistrate;

ërepeated or serious infringement of the rules of solemnity and rules of conduct in relations to the participants in the process, prosecutors, lawyers, witnesses, experts, other subjects involved in the process, as well as with the chairpersons, colleagues and court administration personnel;

frepeated and unjustified delay of the start of the judicial hearing.

2Subject to provisions of letter “a” or “c”, paragraph 1 of Article 101 of this Law, disciplinary misconducts during or in connection with the exercise of the function, in or outside office, are in particular the behaviours and acts of the magistrate, as follows:

aunjustified failure of fulfilling obligations to be available and to be present at the duty station for the purposes of performing the function in the courts or prosecution office, if this obligation is determined by law or by a decision of the competent authority;

bserious or repeated infringement of regulatory legal and sublegal provisions that govern the organization and functioning of the courts or prosecution office with regard to the magistrate’s functions in the trial or investigation;

cunjustified failure to implement decisions issued by the Council or refusal to implement disciplinary measures imposed against the magistrate;

çobstructing the Councils, High Justice Inspector or any other public organ in carrying out its functions provided by the law;

dfailure of the chairperson to fulfil obligations provided by the law, in particular failure to ensure the use and way of utilising the case management system;

dhbreach of the duty of confidentiality and non-dissemination of information resulting from ongoing or completed investigation or trial, including the facilitation of such actions also due to negligence, or making public or dissemination of confidential information;

edisclosure of opinions that were given or provided by other magistrates during the process, which has not yet taken the form of an act made public;

ëmaking public statements in the media on cases, except communications of press magistrates within the limits of their office;

ffailure to comply with additional conditions for appointment of magistrates who perform their functions at the special courts of adjudication of the criminal offences of corruption and organised crime or at the Special Prosecution Office;

gnot complying with the obligation to participate at least to the minimum quantity of continuous training activities legislation without justification, under the conditions and criteria set by the.

3Subject to provisions of letter “a” or “c” of paragraph 1 of Article 101 of this Law, disciplinary misconducts are in particular the omissions of notifications by the magistrate or chairperson, as follows:

afailure of the magistrate to notify the Council on the existence of an environmental incompatibility of the magistrate to exercise the function, particularly in the cases provided for in Article 8 of this Law or of reasons for the termination of appointment;

bfailure of the magistrate to notify the chairperson of the court or prosecution office and the Council on interference or any other forms of undue influence by other magistrates;

cfailure of the magistrate to notify the chairperson of the court and prosecution office and the Council, as well as competent authorities under the law, on interference or other forms of undue influence by lawyers, political officials, public officials and other subjects;

çfailure of the chairperson to notify the High Justice Inspector regarding their knowledge of facts that may constitute a disciplinary misconduct of a magistrate;

dfailure of the chairperson to notify the Council, in regard to a reasonable suspicion of cases of incompatibility, limitations of office or environmental incompatibility of the magistrate in the exercise of his/her function and in regard to issues for which the law provides the termination of the mandate of the magistrate;

4Subject to provisions of letter “b”, paragraph 1 of Article 101 of this Law, disciplinary misconducts during the exercise of function regarding the main activities surrounding the adjudication or implementation of the law are in particular the behaviours and acts of the magistrate, as follows:

aserious violations in applying or erroneous implementation material and procedural law and in conducting procedural actions;

bpresenting significantly distorted facts in the issued acts;

cissuance of unreasoned acts or acts that contain in the reasoning only conclusions on the applicable law without providing circumstances of the fact which provide the basis for subsuming the case under the law, in all those cases where the law requires the issuance of the act in the reasoned form;

çissuance of acts whereby the descriptive and reasoning part provide reasons that are openly contrary to the ordering part of the act or have no connection to it;

dissuance of acts which are not allowed by law;

dhissuance of acts unforeseen by procedural provisions;

eissuance of acts for imposing the personal security measures, beyond the cases provided by law.

5Except as provided in paragraph 4 of this Article, the magistrate’s implementation and interpretation of the law, as well as the assessment of the facts and evidence in cases examined by him/her are not subject to disciplinary liability.