1Magistrates shall be transferred without their consent only in the following cases:

aimplementing a disciplinary measure;

bwhere a magistrate’s position is abolished as the result of changes in the administrative structure and territorial powers of the courts or prosecution offices, following an assessment based on objective and transparent criteria;

cas a consequence of establishing a family relationship amounting to an environmental incompatibility in the sense of Article 8, of this Law;

çin case of temporary shortage of magistrates in a court or prosecution office which cannot be covered by the magistrates in the mobility scheme in accordance with the provisions contained in the Article 46 of this Law.

2Where a magistrate’s position is abolished in accordance with letter ‘b’ of paragraph 1 of this Article, he or she shall:

abe transferred to a position at the same level in the new structure having under its territorial powers the court or prosecution office where the magistrate has previously exercised the function, or where this is not possible,

bhave the right to choose to be transferred to any position at the same level, that is vacant or expected to become vacant within up to six months upon the abolition of the position, in a court or prosecution office of the same level, of the same material competence.

3In case of a temporary shortage of magistrates under letter ‘ç’ of paragraph 1 of this Article, the Council shall assign a magistrate from the mobility scheme or transfer a magistrate temporarily in accordance with Article 46 of this Law.

4A magistrate shall have the right to appeal against a decision on a transfer without consent before the court. The examination of the appeal by the court shall not suspend the transfer decision.