1Magistrates with a permanent position who are temporarily not able to assume the function as set out in Article 59 of this Law shall have the right to return to the previous permanent position at the end of the temporary period.

2Where the magistrate has the right to return, the magistrate has the right to be reinstated in the position, unless the magistrate has been transferred laterally or he has been promoted to a permanent position.

3Where the reinstatement in the previous position is not possible due to a premature end of the reasons based on which the magistrate has been assigned to the temporary position, the magistrate must be temporarily assigned to the first position corresponding to the level of the previous position which falls vacant provided that he/she satisfies the requirements for that position. Where the magistrate had not yet been assigned to a permanent position, the magistrate must be assigned a position at the first level.

4If the magistrate declines the position offered to him/her, the magistrate shall retain the right to be assigned in the next vacant position, corresponding to this level, if he or she satisfies the respective requirements for this position.

5If the magistrate declines a second time returning to the position he or she is offered, the magistrate may be assigned to a position without his/her consent.

6The Council shall make arrangements to ensure that the magistrate is reinstated in time, immediately upon the end of the temporary term.

7Notwithstanding the paragraphs of this Article, a magistrate who serves as a member of the Council shall be excluded from competition in lateral transfer and promotion proceedings during the exercise of the function as Council member and three years following the end of the term.