1“Transfer” shall be:

aa temporary or permanent move from a position at the court or prosecution office to another position at a court or prosecution office of the same level,

bassignment from a secondment position to a position at a court or prosecution office, which is at the same level as the previous position, and

cassignment from a secondment position to a position at a court or prosecution office of first instance, as long as the magistrate never was in previous position.

2A transfer shall occur to a vacant permanent or temporary position. A position is permanently vacant only if there is no magistrate with the right to return to that position. A position is temporary vacant where the magistrate who holds that position permanently, is temporarily unable to assume the function in that position for at least 3 months.

3A permanent position shall be filled in in the following order:

aby the magistrate who has the right to be assigned a position at the appeal level;

bby a magistrate being transferred due to an environmental incompatibility or due to a change in the administrative structure or territorial powers of the courts or prosecution offices;

cby a magistrate being transferred due to a lateral move;

çby a magistrate being entitled to promotion.

4A temporarily free position shall be filled in by a magistrate who is entitled to be reinstated. During the period under the provisions of paragraph 2 of this Article, the position, which is temporarily vacant, shall be temporarily filled as follows:

aby the magistrate who is entitled to be appointed to a position at the appeal court;

bby a magistrate who is transferred due to the environmental incompatibility or due to the changes in the administrative structure or territorial power of the courts or prosecution offices;

cby the magistrate who is transferred laterally;

çby the magistrate who is entitled to promotion.

5The magistrates shall not be transferred without their consent, unless otherwise provided in this law.

6The magistrate shall not be demoted against his/her consent to a lower position, unless otherwise provided in the law.

7In case of a temporary transfer, the magistrate shall return to the previous position at the end of the transfer period.

8No judge shall be allowed to be transferred temporarily or permanently to the special courts for the adjudication of criminal offences of corruption and organised crime.

9In case of a vacant position at the administrative court of appeal, the lateral transfer procedure shall be open only to judges who worked at least for five years as judge in administrative matters during the last 9 years.