Environmental Incompatibility

1The Councils shall take measures to avoid the environmental incompatibilities being created as a consequence of close family connections among the magistrates, being respectively the spouse, partner or other persons who are in close kin or in-law relationships, in accordance with the provisions of the Civil Procedure Code.

2To this effect, the following provisions shall apply to the courts and prosecution offices:

aThe magistrate shall not exercise the function at a court or prosecution office if another magistrate, with whom he/she has close family relations, is assuming the functions respectively at the same court or prosecution office;

bA judge shall not exercise the function at a first instance Administrative Court as long as another judge, with whom he/she has close family connection, is exercising the function at the Administrative Appeal Court and vice versa;

cA judge shall not exercise the function at the Civil section of a court of general jurisdiction of the first instance if another judge, with whom he/she has close family relations, is exercising the functions respectively at the Civil section of the appeal court, having under its jurisdiction the court of general jurisdiction of the first instance and vice-versa;

çA magistrate shall not exercise the function at the criminal section of the court of general jurisdiction of the first instance and at the prosecution office under the jurisdiction of this court, if another magistrate, with whom he/she has close family relations, is assuming the function respectively at the prosecution office at the appeal court or at the criminal section of the appeal court, having under its jurisdiction the court of general jurisdiction of the first instance and vice-versa.

dA magistrate shall not exercise the function at the special courts adjudicating the criminal offences of corruption and organised crime or at the Special Prosecution Office, if another magistrate, with whom he/she has close family relations, is exercising the functions respectively at these structures.

3A magistrate shall presently notify the Council on any environmental incompatibilities before the first assignment to a position. The magistrate and the chairperson shall notify the Council without delay in case such situation arises during the exercise of his/her function.

4In the event of establishing a situation of an environmental incompatibility during the exercise of a function at a court, the magistrate shall be assigned to another section. If this is not possible, the respective Council shall transfer one of the magistrates to the closest possible court or prosecution office of the same level, if the magistrate fulfils the entire requirements for that position. The Council shall transfer the magistrate, who

aconsents to the transfer;

bif none of the concerned magistrates consents to the transfer, the magistrate who caused the environmental incompatibility;

chaving less professional experience as magistrate at the court or prosecution office as against the other magistrate, if no settlement can be reached among them.

5The transfer because of environmental incompatibility shall have precedence over lateral transfers.