Chapter 3 – Judiciary
Article 44 – Federal judicial system
Judicial power of the European Union is vested in the Supreme Court of the Union, federal courts of first degree and federal courts of second degree.
Article 45 – Supreme Court
The Supreme Court of the Union is a supreme judicial body of the Union. It has a seat in the Federal Region of Brussels.
Article 46 – Composition of the Supreme Court
1. The Supreme Court of the Union is composed of the President of the Supreme Court and 18 judges.
2. Every citizen of the Union who completed the age of 40 years and is not older than 70 years with at least 10 years of practice in law of the Union can be elected a judge of the Supreme Court.
3. The House of People of the Assembly of the Union elects six judges of the Supreme Court, the House of States elects six judges, the Council of Chancellors appoints six judges.
4. The term of service of a judge of the Supreme Court is 13 years.
5. Details are stipulated by the law.
Article 47 – Election of the President of the Supreme Court
1. The President of the Supreme Court is elected by citizens of the Union in general, direct and secret elections held in all territory of the Union at the same time and according to the same rules.
2. Every citizen of the Union who reached the age of eighteen years has the right to elect the President of the Supreme Court.
3. Candidates for the President of the Supreme Court have to meet the provisions of paragraph 2 of article 46.
4. Every candidate has to prove itself with approval with his candidature of at least 50 000 citizens from at least three member states or other territories of the Union legitimate to vote to the House of People of the Assembly of the Union.
5. The candidate who obtains the majority of votes of citizens and at the same time the majority of votes of states is elected the President of the Supreme Court. Result of voting in the member state, the federal territory of the Union or the Federal Region of Brussels counts as the vote of state.
6. If no candidate is elected the procedure advances in accordance with paragraphs 8 and 9 of article 37.
7. Details of the election are stipulated by the law.
Article 48 – Rights and duties of judges of the Supreme Court
1. Nobody is allowed to be a judge of the Supreme Court and to hold any constitutional or other salaried office of the European Union, of any member state or its autonomous entity or of any other territory of the Union.
2. A judge of the Supreme Court is obliged to refrain from all action that could degrade his dignity and trust in impartiality and independence of the Supreme Court.
3. A judge of the Supreme Court may not be prosecuted, restricted in his free movement or arrested unless caught while committing a criminal act.
4. Judges of the Supreme Court receive a salary paid from means of the Union. To receive other remunerations is inadmissible.
5. The mandate of a judge of the Supreme Court becomes effective by his appointment. The mandate of the President of the Supreme Court becomes effective by his election.
6. Every judge of the Supreme Court takes the oath at his first attendance in the plenum. The oath of a judge of the Supreme Court reads: “I, … (name of a person), solemnly pledge now to defend inviolability of rights of citizens of the Union emerging from nature of the man and from laws of the Union in compliance with my conscience and to fulfill the spirit of the constitution of the Union.”
7. The mandate of a judge of the Supreme Court expires by
(a) expiration of the term of mandate,
(b) refusing to take the oath or taking the oath with reservations,
(c) resignation,
(d) death,
(e) exercise of an incompatible function,
(f) sentence for a deliberate offence.
8. The law stipulates details of rights and duties of judges of the Supreme Court.
Article 49 – Powers of the Supreme Court in first instance
The Supreme Court is a court in first instance for
a) controversies between the Union and the member states,
b) controversies between the Union and the associated states,
c) controversies between the member states,
d) controversies between components of the state power of the Union specified in this constitution,
e) considering conformity of laws of the Union, of decisions of the Council of Chancellors and of constitutions and laws of the member states and other territories of the Union with the constitution of the Union.
Article 50 – Other powers of the Supreme Court
The Supreme Court further
a) is an appellate instance for federal courts of second degree,
b) hears constitutional complaints again violation of the rights given by the constitution of the Union,
c) hears disputes concerning jurisdiction between courts of the Union and courts of the member states and other territories of the Union.
Article 51 – Decision-making
1. The Supreme Courts decides in the plenum about the issues enumerated in article 49. At least 14 votes of judges are necessary to pronounce a judgment.
2. The Supreme Court decides in collegia with three judges about the issues enumerated in article 50. At least two votes of judges are necessary to pronounce a judgment. The President of the Supreme Court is not a part of any collegium.
3. Hearing cases is either non-public or public. The President of the Supreme Court decides about public hearing in the plenum, a president of a collegium decides about public hearing in a collegium unless the President of the Supreme Court decides otherwise.
4. Every judge is entitled to make proposals and obliged to vote for one of submitted proposals in the body in which he decides.
5. Judgments of the Supreme Court are pronounced publicly.
6. Every judge has the right to attach his dissenting opinion with justification to a judgment.
7. Details about proceedings in the Supreme Courts are stipulated by the law.
Article 52 – President of the Supreme Court
1. The President of the Supreme Court
a) represents the Supreme Court externally;
b) presides over sessions and voting of the plenum; opens discussions and voting; his vote has the weight of two votes; charges a concrete judge to write a decision after voting;
c) assigns judges to collegia and appoints presidents of collegia; a judge cannot be transferred to another collegium in the course of hearing a case;
d) draws up a work plan for the Supreme Court and its individual parts for a certain period not shorter than two weeks; he can at his discretion commit a case belonging to a collegium to a decision of the plenum;
e) performs administration of the Supreme Court, engages employees for that purpose and determines their job content; assistants of judges have to meet the condition of education in the sphere of law of the Union; the law stipulates details.
2. In his absence, the President of the Supreme Court charge another judge of the Supreme Court with exercising his powers except of the right to vote.
3. Unless otherwise stipulated all provisions referring to other judges of the Supreme Court apply to the President of the Supreme Court.
Article 53 – Federal courts of first degree
1. The federal courts of first degree are courts of first instance authorized for all issues emerging from law of the Union and activities of state administration authorities of the Union.
2. The law stipulates seats of federal courts of first degree, territorial districts of their jurisdiction and details about their work.
3. Every federal court of first degree has departments:
a) commercial for matters following from commercial and financial law,
b) civil and criminal law for matters following from civil procedure law, copyright and criminal law,
c) labour and social for matters following from labour and social law,
d) administrative for matters following from administrative law.
At least one judge is assigned to each department. Judges decide as single judges.
4. Judges of federal courts of first degree are elected by the House of People of the Assembly of the Union. Every citizen of the Union who reached the age of 35 years with at least eight years of practice in law of the Union can be elected judge.
5. The provisions of article 48 apply to judges of federal courts of first degree.
Article 54 – Federal courts of second degree
1. The federal courts of second degree are appellate courts for matters heard at federal courts of first degree.
2. The law stipulates seats of federal courts of second degree, territorial districts of their jurisdiction and details about their work.
3. Every federal court of second degree has a department
a) commercial for matters following from commercial and financial law,
b) civil and criminal law for matters following from civil procedure law, copyright and criminal law,
c) labour and social for matters following from labour and social law,
d) administrative for matters following from administrative law.
At least three judges are assigned to each department. At least two votes of judges are necessary to pronounce a judgment.
4. Judges of federal courts of second degree are elected by the House of States of the Assembly of the Union. Every citizen of the Union who reached the age of 35 years with at least eight years of practice in law of the Union can be elected judge.
5. The provisions of article 48 apply to judges of federal courts of second degree.
Article 44 – Federal judicial system
Judicial power of the European Union is vested in the Supreme Court of the Union, federal courts of first degree and federal courts of second degree.
Article 45 – Supreme Court
The Supreme Court of the Union is a supreme judicial body of the Union. It has a seat in the Federal Region of Brussels.
Article 46 – Composition of the Supreme Court
1. The Supreme Court of the Union is composed of the President of the Supreme Court and 18 judges.
2. Every citizen of the Union who completed the age of 40 years and is not older than 70 years with at least 10 years of practice in law of the Union can be elected a judge of the Supreme Court.
3. The House of People of the Assembly of the Union elects six judges of the Supreme Court, the House of States elects six judges, the Council of Chancellors appoints six judges.
4. The term of service of a judge of the Supreme Court is 13 years.
5. Details are stipulated by the law.
Article 47 – Election of the President of the Supreme Court
1. The President of the Supreme Court is elected by citizens of the Union in general, direct and secret elections held in all territory of the Union at the same time and according to the same rules.
2. Every citizen of the Union who reached the age of eighteen years has the right to elect the President of the Supreme Court.
3. Candidates for the President of the Supreme Court have to meet the provisions of paragraph 2 of article 46.
4. Every candidate has to prove itself with approval with his candidature of at least 50 000 citizens from at least three member states or other territories of the Union legitimate to vote to the House of People of the Assembly of the Union.
5. The candidate who obtains the majority of votes of citizens and at the same time the majority of votes of states is elected the President of the Supreme Court. Result of voting in the member state, the federal territory of the Union or the Federal Region of Brussels counts as the vote of state.
6. If no candidate is elected the procedure advances in accordance with paragraphs 8 and 9 of article 37.
7. Details of the election are stipulated by the law.
Article 48 – Rights and duties of judges of the Supreme Court
1. Nobody is allowed to be a judge of the Supreme Court and to hold any constitutional or other salaried office of the European Union, of any member state or its autonomous entity or of any other territory of the Union.
2. A judge of the Supreme Court is obliged to refrain from all action that could degrade his dignity and trust in impartiality and independence of the Supreme Court.
3. A judge of the Supreme Court may not be prosecuted, restricted in his free movement or arrested unless caught while committing a criminal act.
4. Judges of the Supreme Court receive a salary paid from means of the Union. To receive other remunerations is inadmissible.
5. The mandate of a judge of the Supreme Court becomes effective by his appointment. The mandate of the President of the Supreme Court becomes effective by his election.
6. Every judge of the Supreme Court takes the oath at his first attendance in the plenum. The oath of a judge of the Supreme Court reads: “I, … (name of a person), solemnly pledge now to defend inviolability of rights of citizens of the Union emerging from nature of the man and from laws of the Union in compliance with my conscience and to fulfill the spirit of the constitution of the Union.”
7. The mandate of a judge of the Supreme Court expires by
(a) expiration of the term of mandate,
(b) refusing to take the oath or taking the oath with reservations,
(c) resignation,
(d) death,
(e) exercise of an incompatible function,
(f) sentence for a deliberate offence.
8. The law stipulates details of rights and duties of judges of the Supreme Court.
Article 49 – Powers of the Supreme Court in first instance
The Supreme Court is a court in first instance for
a) controversies between the Union and the member states,
b) controversies between the Union and the associated states,
c) controversies between the member states,
d) controversies between components of the state power of the Union specified in this constitution,
e) considering conformity of laws of the Union, of decisions of the Council of Chancellors and of constitutions and laws of the member states and other territories of the Union with the constitution of the Union.
Article 50 – Other powers of the Supreme Court
The Supreme Court further
a) is an appellate instance for federal courts of second degree,
b) hears constitutional complaints again violation of the rights given by the constitution of the Union,
c) hears disputes concerning jurisdiction between courts of the Union and courts of the member states and other territories of the Union.
Article 51 – Decision-making
1. The Supreme Courts decides in the plenum about the issues enumerated in article 49. At least 14 votes of judges are necessary to pronounce a judgment.
2. The Supreme Court decides in collegia with three judges about the issues enumerated in article 50. At least two votes of judges are necessary to pronounce a judgment. The President of the Supreme Court is not a part of any collegium.
3. Hearing cases is either non-public or public. The President of the Supreme Court decides about public hearing in the plenum, a president of a collegium decides about public hearing in a collegium unless the President of the Supreme Court decides otherwise.
4. Every judge is entitled to make proposals and obliged to vote for one of submitted proposals in the body in which he decides.
5. Judgments of the Supreme Court are pronounced publicly.
6. Every judge has the right to attach his dissenting opinion with justification to a judgment.
7. Details about proceedings in the Supreme Courts are stipulated by the law.
Article 52 – President of the Supreme Court
1. The President of the Supreme Court
a) represents the Supreme Court externally;
b) presides over sessions and voting of the plenum; opens discussions and voting; his vote has the weight of two votes; charges a concrete judge to write a decision after voting;
c) assigns judges to collegia and appoints presidents of collegia; a judge cannot be transferred to another collegium in the course of hearing a case;
d) draws up a work plan for the Supreme Court and its individual parts for a certain period not shorter than two weeks; he can at his discretion commit a case belonging to a collegium to a decision of the plenum;
e) performs administration of the Supreme Court, engages employees for that purpose and determines their job content; assistants of judges have to meet the condition of education in the sphere of law of the Union; the law stipulates details.
2. In his absence, the President of the Supreme Court charge another judge of the Supreme Court with exercising his powers except of the right to vote.
3. Unless otherwise stipulated all provisions referring to other judges of the Supreme Court apply to the President of the Supreme Court.
Article 53 – Federal courts of first degree
1. The federal courts of first degree are courts of first instance authorized for all issues emerging from law of the Union and activities of state administration authorities of the Union.
2. The law stipulates seats of federal courts of first degree, territorial districts of their jurisdiction and details about their work.
3. Every federal court of first degree has departments:
a) commercial for matters following from commercial and financial law,
b) civil and criminal law for matters following from civil procedure law, copyright and criminal law,
c) labour and social for matters following from labour and social law,
d) administrative for matters following from administrative law.
At least one judge is assigned to each department. Judges decide as single judges.
4. Judges of federal courts of first degree are elected by the House of People of the Assembly of the Union. Every citizen of the Union who reached the age of 35 years with at least eight years of practice in law of the Union can be elected judge.
5. The provisions of article 48 apply to judges of federal courts of first degree.
Article 54 – Federal courts of second degree
1. The federal courts of second degree are appellate courts for matters heard at federal courts of first degree.
2. The law stipulates seats of federal courts of second degree, territorial districts of their jurisdiction and details about their work.
3. Every federal court of second degree has a department
a) commercial for matters following from commercial and financial law,
b) civil and criminal law for matters following from civil procedure law, copyright and criminal law,
c) labour and social for matters following from labour and social law,
d) administrative for matters following from administrative law.
At least three judges are assigned to each department. At least two votes of judges are necessary to pronounce a judgment.
4. Judges of federal courts of second degree are elected by the House of States of the Assembly of the Union. Every citizen of the Union who reached the age of 35 years with at least eight years of practice in law of the Union can be elected judge.
5. The provisions of article 48 apply to judges of federal courts of second degree.
