Chapter 9. Administration of justice
Section 98. Courts of law
The Supreme Court, the Courts of Appeal and the District Courts are the general courts of law.
The Supreme Administrative Court and the regional Administrative Courts are the general courts of administrative law.
Provisions on special courts of law, administering justice in specifically defined fields, are laid down by an Act.
Provisional courts shall not be established.
Section 99. Duties of the Supreme Court and the Supreme Administrative Court
Justice in civil, commercial and criminal matters is in the final instance administered by the Supreme Court. Justice in administrative matters is in the final instance administered by the Supreme Administrative Court.
The highest courts supervise the administration of justice in their own fields of competence. They may submit proposals to the Government for the initiation of legislative action.
Section 100. Composition of the Supreme Court and the Supreme Administrative Court
The Supreme Court and the Supreme Administrative Court are composed of the President of the Court and the requisite number of Justices.
The Supreme Court and the Supreme Administrative Court have a competent quorum when five members are present, unless a different quorum has been laid down by an Act.
Section 101. High Court of Impeachment
The High Court of Impeachment deals with charges brought against a member of the Government, the Chancellor of Justice, the Parliamentary Ombudsman or a member of the Supreme Court or the Supreme Administrative Court for unlawful conduct in office. The Court of Impeachment deals also with the charges referred to in section 113 below.
The High Court of Impeachment consists of the President of the Supreme Court, presiding, and the President of the Supreme Administrative Court, the three most senior-ranking Presidents of the Courts of Appeal and five members elected by the Parliament for a term of four years.
More detailed provisions on the composition, quorum and procedure of the Court of Impeachment are laid down by an Act.
Section 102. Appointment of judges
Tenured judges are appointed by the President of the Republic in accordance with the procedure laid down by an Act. Provisions on the appointment of other judges are laid down by an Act.
Section 103. The right of judges to remain in office
A judge shall not be suspended from office, except by a judgement of a court of law. In addition, a judge shall not be transferred to another office without his or her consent, except where the transfer is a result of a reorganisation of the judiciary.
Provisions on the duty of a judge to resign at the attainment of a given age or after losing capability to work are laid down by an Act.
More detailed provisions on the other terms of service of a judge are laid down by an Act.
Section 104. The prosecutors
The prosecution service is headed by the highest prosecutor, the Prosecutor-General, who is appointed by the President of the Republic. More detailed provisions on the prosecution service are laid down by an Act.
Section 105. Presidential pardon
In individual cases, the President of the Republic may, after obtaining a statement from the Supreme Court, grant full or partial pardon from a penalty or other criminal sanction imposed by a court of law.
A general amnesty may be provided only by an Act.
