1In case where no magistrate in a mobility scheme is available, the Council may request magistrates who fulfil the criteria for being transferred or promoted to the respective structure from one of the courts or prosecution offices with the lowest caseload to give the consent for a determined time to be temporarily transferred to that position. In this case, the Council shall in advance consult the opinion of the concerned chairperson of the court or the prosecution office where the magistrate exercises the function.

2In case where no magistrate consents to be transferred temporarily, the Council shall request a magistrate from one of the courts or prosecution offices with the lowest caseload to be transferred temporarily. The magistrate shall have the lowest seniority as magistrate in that court or prosecution office and shall fulfil the criteria for the position to which he or she is required to be temporarily transferred. The Council shall in advance have the opinion of the chairperson of the court or prosecution office where the magistrate is exercising the function.

3In very voluminous or complex cases, the chairperson of the Special Prosecution Office may ask chairpersons of prosecution offices of first instance to consent on the transfer of a specific qualified prosecutor to work on a particular case or for a specific time in the Special Prosecution Office.

4Before taking the decision on the transfer according to paragraph 3 of this Article, the chairperson of the Special Prosecution Office shall request an opinion of the High Prosecutorial Council on the transfer and the qualification of the respective prosecutor. The High Prosecutorial Council may deliver a non-binding opinion at least within three days after the request.

5The respective prosecutor requested to be transferred shall have not less than five years’ working experience as prosecutor and shall give the consent to the transfer and comply with the monitoring and confidentiality requirements in the Special Prosecution Office as set out in Article 47 paragraph 3 of this Law. After having the consent of the chairperson of the respective prosecution office the chairperson of the Special Prosecution Office shall transfer the prosecutor for the agreed time period. The prosecutor shall be entitled to obtain the higher salary only during the transfer period.

6The magistrate shall be transferred temporarily for a determined time, but in any case shall not last more than one year.