1A position of a magistrate may be filled temporarily if the magistrate with a permanent position is not able to exercise the function for a period of not more than three months, due to an

aassignment to another position,

bother reasons provided in the law.

2The temporary positions shall be created in the following cases:

asecondment of magistrates;

btransfer or promotion to positions with a limited mandate of the magistrate or where a position is temporarily vacant;

cparental leave or unpaid leave;

çother reasons provided in the law.

3Temporary transfers in the sense of Article 46 of this Law are not considered temporary positions in the sense of this Article.

4The Council take a decision in the cases provided for in paragraph 2 of this Article and determine the starting and ending date of the time period in which the position may be filled temporarily.

5In case where the status of the magistrate who holds a permanent position and whose position is temporarily vacant has expired, or he/she is assigned, transferred or promoted to another permanent position, the temporarily filled-in position shall be considered permanent. The magistrate temporarily assigned to this position shall be notified about the transformation of the temporary position into a permanent position.

6In the event where at a court or prosecution office a permanent position becomes vacant, any magistrate holding a temporary position at that court or prosecution office may apply for having his/her position transformed into a permanent position.

7The Council shall decide on the transformation of the temporary position before calling for applications for the lateral transfer or promotion. In case where more magistrates are in place in temporary positions applying for the transformation of the position, the criteria for transfer shall apply mutatis mutandis. The temporary position remaining vacant shall be filled by a lateral transfer, respectively a promotion procedure.

8Where a position is temporarily vacant, it may be filled only with a temporary assignment of a magistrate. Where a magistrate is assigned to a position being temporarily free, he or she shall be entitled to return to the previous position, under the condition that the assignment to the previous position was permanent. If the magistrate was appointed to the previous position temporarily, he or she shall be entitled to return to that position up to the end of the assignment period.

9The Councils shall approve more detailed rules about notifications and filling of temporary vacancies.