About the CourtLegal BasisThe Rules of ProcedureIII. THE POSITION OF CONSTITUTIONAL COURT JUDGES

III. THE POSITION OF CONSTITUTIONAL COURT JUDGES


Article 5

(The Position of Constitutional Court Judges)

(1) Constitutional Court judges have a position and the rights and obligations arising therefrom as determined by the Constitution, a law, these Rules of Procedure, and the Constitutional Court regulations which regulate in greater detail the conditions of their work.

(2) The position of Constitutional Court judges within the Constitutional Court, except when deciding, is determined in accordance with the order of precedence of the rule of seniority, and is as follows:
– the President,
– the Vice President,
– the other Constitutional Court judges in the order of the date they began to perform the office of judge; if more than one judge is sworn in at the same time, the older judge has precedence.

(3) In cases in which the National Assembly does not elect candidates for all vacant positions on the Constitutional Court (the first paragraph of Article 17a of the Constitutional Court Act – hereinafter referred to as the CCA), which Constitutional Court judges are to continue to perform the office of Constitutional Court judge after the expiry of their term of office is determined by lot at an administrative session of the Constitutional Court. Before the drawing of lots, the Secretary General reads the rules regulating the drawing of lots.

(4) Before the drawing of lots, the Secretary General inserts slips of paper with the names of the Constitutional Court judges whose terms of office are due to expire into ballot balls of the same colour and shape. The Secretary General draws as many ballot balls as there are Constitutional Court judges who must continue to perform the office of Constitutional Court judge. Thereafter, the Secretary General announces the names of the Constitutional Court judges who are to continue to perform office until the required number of new Constitutional Court judges are elected. After the announcement, the Secretary General draws the remaining ballot balls and reads the names of the Constitutional Court judges written on the slips of papers inserted in the ballot balls.

(5) The minutes of the administrative session at which the lots have been drawn must state which of the Constitutional Court judges are to continue to perform the office of Constitutional Court Judge.

(6) In the event the President and the Vice President are among the Constitutional Court judges whose terms of office are due to expire, the administrative session at which the drawing of lots is carried out is presided over by the most senior Constitutional Court judge in accordance with the rule of seniority; if also the latter is among the Constitutional Court judges whose terms of office are due to expire, the administrative session is presided over by the next most senior Constitutional Court judge in accordance with the rule of seniority.

Article 6
(The Election of the President and the Vice President)

(1) The President is elected by Constitutional Court judges from among their own number for a term of three years. After the expiration of this term, the same Constitutional Court judge may be re-elected President.

(2) The election of the President is held at an administrative session at least thirty days before the expiry of the term of office of the incumbent President. The election is carried out by secret ballot.

(3) The Vice President is elected in the same manner as the President.

Article 7
(The Manner of Election)
 
(1) The President is elected by a majority vote of all the Constitutional Court judges.

(2) If no candidate for President is elected in the first round, the two candidates who have received the greatest number of votes qualify for the second round of voting.

Article 8
(The President)

(1) In addition to performing the office of judge, the President:
– coordinates the work of the Constitutional Court;
– calls and presides over hearings and sessions of the Constitutional Court;
– signs decisions and orders of the Constitutional Court, except where otherwise provided by these Rules of Procedure;
– manages relations with other state authorities;
– manages cooperation with foreign constitutional courts and international organizations;
– supervises the performance of the administrative tasks of the Constitutional Court;
– attends to other duties in accordance with the Constitution, a law, these Rules of Procedure, and other Constitutional Court regulations.

(2) The President attends to the duties of his office independently and on the basis of the orders and directions of the Constitutional Court.

Article 9
(The Identity Cards and Professional Attire of Constitutional Court Judges)
 
(1) Constitutional Court judges have cards with their photographs and identity data, with which they exercise their immunity rights, and other documents on the basis of which they can be provided assistance from public law enforcement officers.

(2) The Secretary General is responsible for issuing these cards and maintaining records thereof.

(3) Constitutional Court judges are to wear professional attire when publicly performing their office. The professional attire is a judicial robe whose design and colours are determined by the Constitutional Court.