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Regulation for early retirement of members of the Constitutional Court clarified

06/09/2019

The revised package of draft Laws ''On making amendments and supplements to the Constitutional Laws ’Judicial Code’ and ‘On Constitutional Court' and related laws'' has been sent to the Government.

A number of amendments have been made to the revised document on the basis of recommendations received during public discussions, as a result of which, in particular, the regulation for early retirement of the members of the Constitutional Court is specified. It has been recommended that — within a period of two months following the entry into force of the Law ''On making amendments and supplements to the Constitutional Law ''On the Constitutional Court'''' — in case of submission of a letter of resignation by a member of the Constitutional Court, appointed prior to the entry into force of Chapter 7 of the Constitution, provided for by Article 213 of the Constitution, he or she shall — upon automatic termination of powers until attainment of the age limit to serve in office prescribed for him or her by the Constitution — receive pension in the amount of the official pay rate and increments received at the moment of resignation. Following the entry into force of the Law HO-42-N of 17 January 2017 "On the Constitutional Court", the elected judges of the Constitutional Court shall not enjoy the right provided for by paragraph 1 of his part. The Draft also provides for the establishment of the Committee for assessment of the activities of judges that will conduct regular and extraordinary assessment.

It should also be added that the requirement to suspend the powers of a judge of the Constitutional Court in case of initiating criminal prosecution against him or her has been removed from the revised version of the Draft.

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