Rule 1
Without prejudice to the discretionary authority of the council, these rules shall apply to the judges of the Appeal Courts and the Courts of First Instance.
Without prejudice to the discretionary authority of the council, these rules shall apply to the judges of the Appeal Courts and the Courts of First Instance.
Judges shall not be transferred to other positions except with their consent, or due to their promotion in accordance with the provisions of the Law of the Judiciary and these rules.
Members of the judicial body may not be transferred within the body except by a decision from the Council, nor may members of the judicial body be transferred outside of it except by a royal order based on a decision from the Council.
The judge may request a transfer from the court in which he works to another court in accordance with these rules.
1) The transfer of judges shall be conducted in at least two sessions of the Council during the year.
2) Taking into account what is stated in the first rule, the courts and judicial departments available for transfer shall be announced a sufficient time before the transfer takes place.
1) Requests for transfer shall not be considered except after the lapse of three years from the date of commencement for newly appointed and transferred individuals for the benefit of the service, and five years for those who have previously been transferred at their request.
2) Notwithstanding what is stated in the first paragraph of this rule: A person who has spent two years in their current position may transfer to courts that have more than five judicial circuits, provided that no judges have applied for transfer to those courts, and these circuits will be announced in a supplementary movement to the transfer movement.
3) A person who is transferred based on the second paragraph of this rule shall have their duration of work in the court from which they were transferred counted, and they shall not be entitled to request a transfer except after the lapse of three years.
1) It is required when requesting a transfer that the judge's performance rating is not less than (average) in the last approved performance report, and that he is not subject to investigation or disciplinary action.
2) When requesting a transfer to the main city courts that are frequently requested, it is required that the performance rating of the transfer applicant is not less than (above average) in the last two approved performance reports, provided that his duration of work is not less than five years from the date he commenced work as a judge in one of the courts. The council designates these courts.
3) The transfer applicant must fill out the approved work statistics form, and the judicial inspection will verify that.
The selection for the transfer of judges is conducted based on seniority in their place of work. In cases of equality, the most competent individual in the latest approved performance report is prioritized. If there is still equality or if there are no performance reports, the one with the longest service in the judicial system is given preference. In cases of further equality, the older individual is prioritized.
1) The days of absence, exceptional authorization, accompanying leave, periods of secondment, dedication, and assignment at the request of the Judge shall not be counted towards the seniority period in the transfer of the Judge.
2) If the transfer of the Judge is for the benefit of the work, the duration spent in the original Court shall be counted.
The Council directs the newly appointed judges to vacant courts and judicial departments that were not requested in the transfer movement, according to the regulations set by the Council.