1A position at the High Court, the General Prosecution Office and at the special courts for the adjudication of the criminal offences of corruption and organised crime shall be filled only by a promotion procedure. Positions at other courts of appeal shall be filled firstly by lateral transfer procedures in accordance with Articles 42 and 43 of this Law.

2Where more vacancies than could be filled by lateral transfers exist, at least once in every period of three months each Council shall organize a promotion procedure for any vacant position. Positions shall be filled no later than three months from the date of opening the procedure.

3The Councils shall open the promotion procedure by calling for applications from:

amagistrates who fulfil the criteria for the promotion, in compliance with the requirements of the respective vacant position;

bfrom seconded magistrates or magistrates in a mobility scheme who fulfil the criteria for the promotion, in compliance with the requirements of the respective vacant position announced,

cfrom renowned jurists, subject to the provisions of Article 49 of this Law.

4A candidate having served as a member of the Council shall be excluded from promotion proceedings during the exercise of the function as member and three years following the end of the mandate.

5In accordance with paragraph 3 of this Article, the call for applications shall be published on the website of the Council and it shall contain the necessary information for the vacancy and set out:

athe deadline for applications, which must be not less than two weeks after the date of announcing the procedure,

bthe information and documents attached to the application;

cthe procedure for applications and the venue where the application has to be submitted.

6Following a call for applications for a promotion, the candidate may apply for up to three vacant positions or positions expected to become vacant. If the magistrate is applying for more than one position, he or she must list them according to preference.

7The Council shall assess the candidate in accordance with Article 32, paragraphs 2 to 7, of this Law.

8Only applicants who passed the asset declaration and background check and have no disciplinary sanction in force shall be allowed to participate further in the promotion procedure.

9The Councils shall review the applications and shall rank eligible candidates by reference to the following indicators:

a"firstly, two previous evaluations, taking account of: i) the experience in seconded positions, as magistrate in a mobility scheme or as member of the Council, whose mandate has ended three years before application shall be an added value; ii) in case of more candidates with the same grades, the magistrates within the group of candidates with the highest evaluation grades shall be ranked according to a scoring scheme established by the High Judicial Council; "

bsecondly, if under the evaluation made under letter ‘a’ paragraph 9 of this Article, there is more than one candidate with the highest scores, the Council shall rank these candidates referring to their specific professional experience required for the vacant position;

cthirdly, if under the evaluation made under letter ‘b’ paragraph 9 of this Article, there are more than one candidate with the highest scores, the Council shall rank these candidates referring to their seniority as magistrate or jurist.

10The Council shall decide to promote the candidates ranking highest with the grades attained by a procedure and rules contained in paragraph 9 and 14 of this Article. Article 41 paragraphs 2 to 4 shall apply mutatis mutandis.

11In a promotion procedure aiming at filling a vacant position at the High Court, the High Judicial Council shall propose in writing the appointment of candidates meeting the legal requirements, substantiating the meeting of criteria and ranking the candidates, according to the procedure and rules provided for in paragraphs 9 and 14 of this Article.

12The appointment proposal may be subject to an appeal. The rules contained in Article 41 paragraphs 2 to 4 shall apply mutatis mutandis. The Council shall make the final decision on the appointment proposal public on its official website. The decision of the Councils for non-assignment to office with the special courts against corruption and organised crime and Special Prosecution Office shall be final.

13The promotion of the judge ranking highest shall be decreed by the President of the Republic, in accordance with Article 136 paragraph 2 of the Constitution.

14The Councils shall establish more detailed rules which set out:

acriteria for ethics and professional activity among the candidates with the equal grades of evaluation;

bcriteria for the evaluation of the professional experience relevant for the vacant position;

cthe procedure to be followed in cases of equality of scores;

çthe application and adjustment of the provisions in this Article to temporary vacancies.