Constitutionality of transferring judges without a competition

04.12.2025 13:36 • Question

I read that the Constitutional Court is considering a complaint regarding a provision of the law that allows the transfer of a judge to another court of the same or lower level without a competition in the event of reorganization or liquidation of the court, but only on condition of confirmation of suitability for the position held. I have a question: is it legal and fair to transfer judges in this way without a competition, and does this not violate any constitutional guarantees regarding equal access to positions and the independence of judges?

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