1The Council shall invite the concerned magistrate and eventually other persons to a hearing, if this was requested by the magistrate or if this is needed in order to clarify facts.
2If during the deliberation on the evaluation, it is established that procedural or material errors have occurred or further evidence is needed, which may influence the evaluation grade and the correction cannot be done instantly due to the need to collect other documents, the Council shall order the adjournment of the hearing for not longer than 30 days.
3The Council shall, after examining the draft evaluation report by taking into account the findings during the hearing, decide to approve it or approve it with changes or to request the elaboration of a new draft evaluation report by a reporting member.
4In case the Council determines a different evaluation grade or a different reasoning than the one proposed in the draft evaluation report, it shall reflect the respective reasons in the decision accordingly. The evaluation report as approved by the Council is an integral part of the decision.
5In case the magistrate is evaluated as ‘incapable’ or a lower evaluation level, the magistrate shall receive a salary reduction of 2 % during the two calendar years following that evaluation.
6In case the magistrate or the chairperson is evaluated as ‘incapable’, the Council forwards the evaluation report to the High Justice Inspector.
7In case the Council evaluates the magistrate with lower grade less than ‘good’, the magistrate shall have the right to appeal against the decision of the Council within 15 days from the notification date of the decision to the High Court only regarding questions of law surrounding the non-consistent implementation of the law.
8The draft-evaluation report, any decision of the Council and the eventual judicial decisions shall be included as parts into the individual file of the magistrate.
9The Council shall publish extracts of the evaluation report and the decision, which reflect the statistical data, the analysis of the data, the evaluation grade and the justification for determining that grade. The publication of the extract shall respect the right to confidentiality and data protection. In any case, any information which could disclose the identity of the magistrate shall be removed from the extract.