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The Courts

Chapter XIII The Courts

Article 146: Independence

Justice shall be administered only by the Courts. The Courts shall be independent in their work and shall administer justice in accordance with the Constitution and laws.

Article 147: Term, Incompatibility

1. Judges shall be appointed for life. The bases and procedures for recalling judges shall be determined by law.

2. Judges may be recalled only by a Court decision.

3. Judges may not hold any other elected or appointed office, except in cases prescribed by law.

4. Guarantees for the independence and the legal status of judges shall be determined by law.

Article 148: Court System

1. The court system shall be comprised of:
  1. rural and city courts, as well as administrative courts;
  2. district courts;
  3. the National Court.
2. The creation of special courts to handle some categories of court cases shall be determined by law.

3. The establishment of emergency courts shall be prohibited.

Article 149: Court Levels

1. Rural and city courts, as well as administrative courts shall be first level courts.

2. District courts shall be second level courts, and they shall examine the decisions of the first level courts as appeal procedures.

3. The National Court is the highest court in the land, which examines court decisions as appeal procedures. The National Court is also the court for constitutional supervision.

4. The court system and court proceedings shall be regulated by law.

Article 150: National Court

1. The Chairman of the National Court shall be appointed by the Parliament, on proposal by the President of the Republic.

2. Members of the National Court shall be appointed by the Parliament, on proposal by the Chairman of the National Court.

3. Other judges shall be appointed by the President of the Republic, on proposal by the National Court.

Article 151: Organization by Law

The organization of representation, defense, state prosecution and supervision of legality in Court procedures shall be determined by law.

Article 152: Constitutional Review by National Court

1. If any law or another legal act is in conflict with the Constitution, it shall not be applied by the Court in trying a case.

2. If any law or other legal act is in conflict with the provisions and spirit of the Constitution, it shall be declared null and void by the National Court.

Article 153: Immunity of Judges

1. A judge may be charged with a criminal offense during his or her term of office only on proposal by the National Court and with the consent of the President of the Republic.

2. The Chairman of the National Court and its members may be charged with a criminal offense only on proposal by the Legal Chancellor and with the consent of the complement of the Parliament.
 
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