CHAPTER 12
THE SUPREME COURT AND JUDICIAL GOVERNANCE
Article 83 — Supreme Court
The Supreme Court is the highest court of ordinary jurisdiction.
The Supreme Court shall consist of fifteen (15) justices, including the Chief Justice. Constitutional law may establish the minimum number of justices required for a quorum in plenary and panel sittings.
The Chief Justice of the Supreme Court shall be elected by the justices of the Supreme Court from among themselves by secret ballot for a term of three (3) years, renewable once. The Chief Justice administers the work of the Supreme Court and chairs its plenary sessions.
The Supreme Court shall: a) ensure uniform interpretation and application of law by hearing cases in panels and in plenary session; b) hear cases within its jurisdiction as established by constitutional law; c) issue guiding interpretations that are binding on all ordinary and specialized courts of the Republic; d) exercise other powers provided by this Constitution and law.
Guiding interpretations of the Supreme Court may not contradict the Constitution or replace legislation. Where a guiding interpretation is alleged to conflict with the Constitution, any party or court may refer the question to the Constitutional Court, whose ruling prevails.
Article 84 — Judicial Council of the Republic
The Judicial Council of the Republic is an independent constitutional body that safeguards the autonomy, integrity, and professional administration of the judiciary.
The Judicial Council shall have primary authority over: a) selection, appointment, and promotion of judges of ordinary and specialized courts; b) judicial discipline and removal proceedings; c) administration and resources of courts; d) protection of judicial independence from interference by any branch of government.
The Judicial Council shall consist of nine (9) members: a) five (5) judges elected by secret ballot by their judicial peers from among serving judges of different court levels; b) one (1) member nominated by the Lower House; c) one (1) member nominated by the Upper House; d) one (1) member nominated by the Prime Minister; e) one (1) member nominated by the Ombudsman.
Members of the Judicial Council serve a single non-renewable term of five (5) years. No member may be removed except for incapacity or criminal conviction by final judgment. Vacancies shall be filled within sixty (60) days by the relevant nominating body.
No single branch of government may nominate more than one of the four non-judge members. Non-judge members must be citizens with at least fifteen (15) years of distinguished legal experience and must not be active politicians, party members, or serving officials at the time of nomination.
The Judicial Council shall publish an annual report on the state of the judiciary, judicial appointments made, disciplinary proceedings, and the state of judicial independence. The report shall be submitted to Parliament and published in full.
Article 85 — Discipline of Judges
Judicial discipline shall be based only on: a) serious professional misconduct; b) incapacity; c) grave ethical violations; d) clear and persistent dereliction of duty.
Discipline may not be used to influence judicial decisions or punish legal interpretation made in good faith. Any disciplinary decision motivated by the content of a judicial ruling or a legal interpretation made in good faith is void. A judge subject to such a decision may appeal to a special panel of three Supreme Court justices, which shall decide within thirty (30) days and may annul the disciplinary decision and award compensation.
Disciplinary proceedings shall ensure due process, independence, and transparency. The judge under proceedings shall have the right to legal representation, to examine all evidence, and to present a defence. Proceedings shall be concluded within six (6) months of initiation. A judge may appeal any disciplinary decision to the special panel described in paragraph 2.
Article 85a — Relationship Between the Supreme Court and the Constitutional Court
The Supreme Court and the Constitutional Court are independent and coordinate institutions of judicial power. Neither court ranks above the other in its own domain. The Supreme Court is the supreme authority on ordinary law. The Constitutional Court is the supreme authority on constitutional law.
Where a constitutional question arises in proceedings before the Supreme Court or any ordinary or specialized court, that court shall refer the question to the Constitutional Court and suspend the relevant part of the proceedings pending the Constitutional Court’s decision. The Constitutional Court shall decide referred constitutional questions within thirty (30) days.
Guiding interpretations of the Supreme Court are binding on all ordinary and specialized courts. Where any court, party, or actor with standing under Article 90 alleges that a guiding interpretation conflicts with the Constitution, the matter shall be referred to the Constitutional Court. The Constitutional Court’s ruling on that question prevails over the guiding interpretation.
A person who claims that a final decision of the Supreme Court has violated a constitutional right or freedom may file an individual constitutional complaint with the Constitutional Court under Article 92, after all ordinary remedies have been exhausted.
Decisions of the Constitutional Court are binding on the Supreme Court and all other courts. The Supreme Court shall not apply any law, norm, or guiding interpretation declared incompatible with the Constitution by the Constitutional Court.
Any jurisdictional conflict between the Supreme Court and the Constitutional Court regarding the appropriate forum for a matter shall be resolved by the Constitutional Court under Article 86(2)(d). The Constitutional Court’s determination of its own jurisdiction is final and not subject to review by any other court.