1“Secondment” means a move of a magistrate to a non-magistrate position in an institution within the justice system, which is compatible with the independence and by maintaining the status.

2“Secondment institution” means for the position of an assistant magistrate the High Court, Constitutional Court or General Prosecution Office; for the positions as inspectors the Office of the High Justice Inspector; and for the other positions the Councils, Ministry of Justice, State Advocacy, School of Magistrates, or any other institution within the justice system and approximation of legislation.

3Except in case of assignment of new appointees to positions, magistrates may be seconded only with their consent.

4Unless otherwise provided in this Law, a seconded magistrate shall enjoy all the rights and obligations as any other magistrate.

5A magistrate shall not be eligible for secondment while he/she is

ain a position with a limited mandate;

bis on secondment.

6Unless otherwise provided in this Law, the secondment period of the magistrate shall have a maximum duration of five years.

7A magistrate shall serve at least five years as magistrate upon the end of a secondment period.

8A magistrate may be seconded for not more than ten years during the period of the exercise of his/her function.

9The experience of the magistrate seconded from a court or prosecution office of first instance to a secondment institution shall be calculated as professional experience in the first instance, except where otherwise provided in the law. The experience of the magistrate seconded from the court or prosecution office of second instance to a secondment institution shall be calculated as professional experience in the second instance, except where otherwise provided in the law. The exercise of a leading function at the institution where the magistrate is seconded shall be regarded as managerial experience.

10Unless otherwise provided in this Law, the ethical and professional performance of seconded magistrate shall be evaluated by the secondment institution, according to the criteria and procedure applicable to members of that structure. The evaluation grades shall be recognized as evaluation grades in the sense of this Law.

11In the event the magistrate was not subject to the ethical and professional performance evaluation by the secondment institution, the magistrate has the right to an assessment of the professional merits like a non-judge candidate to the High Court under the provisions of Article 49 of this Law to the extent possible in order to compete on equal terms with other magistrates for vacancies.

12During the secondment the magistrate shall be disciplinary liable according the provisions applicable for members of the secondment institution. In case the secondment institution proposes a dismissal as disciplinary measure, the seconded magistrate may request a referral of the case to the Council. In such a case, the Council shall examine the case and apply the disciplinary procedure in accordance with the provisions of this Law. The secondment institution shall take part in the disciplinary procedure with the rights and obligations of the High Justice Inspector.

13Where no referral to the Council is made, the secondment institution shall inform the Council on any final decision taken by it against the seconded magistrate. An appeal to a court against a disciplinary decision of the secondment institution shall have suspensive effect.