The Judiciary

Section I  Organization of the Judiciary
 
Article 101  Administration of Justice
(1) The justice is administered in the name of the people.
(2) Judges are only subject to the law.
 
Article 102  Judges
(1) Judicial functions are exclusively exercised by ordinary courts regulated by norms about the organization of the judiciary.
(2) There may not exist extraordinary or special judges. Only specialized sections for specific matters may be established within the ordinary courts; qualified citizens who are not members of the judiciary may take part.
(3) The law regulates the cases and forms of direct participation of the people in the administration of justice.
 
Article 103  Council of State, Court of Accounts, Military Tribunals
(1) The council of state and other administrative courts have jurisdiction over lawful claims under administrative law and over civil-law claims against the public administration in matters defined by law.
(2) The court of accounts has jurisdiction over public accounts and other matters specified by law.
(3) Military courts in time of war have jurisdiction according to the law. In time of peace they only have jurisdiction over military offences committed by members of the armed forces.
 
Article 104  Independent Judiciary, Superior Council of the Judiciary
(1) The judiciary constitutes an autonomous and independent branch of government not subject to any other.
(2) The superior council of the judiciary is chaired by the president.
(3) The first president and the general public prosecutor of the court of cassation are members by law.
(4) Other members are elected with two-thirds majority by all ordinary judges belonging to the different categories, and one-third by parliament in joint session, from among full professors of law and lawyers with at least fifteen years of practice.
(5) The council elects a vice-chairman from among the members designated by parliament.
(6) The elected members have a term of for four years and may not be immediately re-elected.
(7) They are not allowed, while in office, to be registered as members of the legal profession, nor become members of parliament or of a regional council.
 
Article 105  Powers of the Superior Council
The superior council of the judiciary, as defined by organizational law, has the exclusive competence to appoint, assign, move, promote, and discipline members of the judiciary.
 
Article 106  Appointment of Members of the Judiciary
(1) Appointment to the judiciary is based on competitive examinations.
(2) The law on the organization of the judiciary may provide for honorary magistrates, possibly by election, to perform the duties of single judges.
(3) By proposal of the superior council of the judiciary, full professors of law as well as lawyers with at least fifteen years practice and registered for practice in higher courts, may be appointed to the court of cassation for exceptional merits.
 
Article 107  [Disciplinary Action]
(1) Members of the judiciary may not be removed from office.  They may not be dismissed, suspended, or moved to other jurisdictions or functions except either by decision of the superior council of the judiciary for reasons and with opportunity of defense as defined by the organizational law, or by their own consent.
(2) The minister of justice may initiate disciplinary action.
(3) Judges may only be distinguished by function.
(4) The public prosecutor enjoys the guarantees defined by the organizational law.
 
Article 108  Laws on the Organization of the Judiciary
(1) The organization of the judiciary and every judicial authority are defined by law.
(2) The law has to protect the independence of judges, of special courts, of the public prosecutors attached to them, and of all those not belonging to the judiciary who participate in the administration of justice.
 
Article 109  Judicial Police
The judiciary directly commands the judicial police.
 
Article 110  Minister of Justice
Notwithstanding the powers of the superior council of the judiciary, organization and operation of the administration of justice are vested in the minister of justice.
 
Section II  Rules on Jurisdiction
 
Article 111  [Legal Proceedings]
(1) Justice must be administered by fair trials defined by law.
(2) Trials are based on equal confrontation of the parties before an independent and impartial judge. The law has to define reasonable time limits for the proceedings.
(3) In criminal trials, the law provides for timely and confidential information of the accused regarding the nature and reasons of charges brought against them; they are granted the time and means for their defense; they have the right to question those who testify against them or to have them questioned; those who may testify in favor of the accused must be summoned and examined under the same conditions granted to the prosecution; any evidence in favor of the accused must be acknowledged; the accused may rely on the help of an interpreter if they do not understand or speak the language of the proceedings.
(4) In criminal trials, evidence may only be established according to the principle of confrontation between parties. No defendant may be proven guilty on the basis of testimony given by witnesses who freely and purposely avoided cross-examination by the defense.
(5) The law defines in which cases evidence may be established without confrontation between the parties, either by consent of the defendants or as an effect of proven misdemeanor.
(6) Reasons must be stated for all judicial decisions.
(7) Aainst sentences and measures concerning personal freedom delivered by the ordinary or special courts, appeals to the curt of cssation are always allowed regarding violations of the law. These provisions may be waived only in the case of sentences pronounced by military courts in time of war.
(8) Against decisions of the council of state and of the court of accounts, appeals to the court of cassation are only admissible for reasons of jurisdiction.
 
Article 112  Criminal Proceedings
The public prosecutor has the duty to initiate criminal proceedings.
 
Article 113  Judicial Review
(1) Against a decision taken by the public administration before an ordinary or administrative court, legal action is always admissible to protect one's own rights under civil or administrative law.
(2) Such judicial protection may not be excluded or limited to specific forms of action or to specific categories of claims.
(3) The law defines which jurisdictional organs may annul decisions of the public administration, in which cases and with which effects.