chapter 8A
Legal System (version 1)
Part I - Administration of Justice
Article 117: Courts of law
The Supreme Court, the Courts of Appeal and the District Courts are the general courts of law.
The Supreme Administrative Court and the regional Administrative Courts are the general courts of administrative law.
Provisions on special courts of law, administering justice in specifically defined fields, are laid down by an Act.
Provisional courts shall not be established.
Article 118: Duties of the Supreme Court and the Supreme Administrative Court
Justice in civil, commercial and criminal matters is in the final instance administered by the Supreme Court. Justice in administrative matters is in the final instance administered by the Supreme Administrative Court.
The highest courts supervise the administration of justice in their own fields of competence. They may submit proposals to the Government for the initiation of legislative action.
Article 119: Composition of the Supreme Court and the Supreme Administrative Court
The Supreme Court and the Supreme Administrative Court are composed of the President of the Court and the requisite number of Justices.
The Supreme Court and the Supreme Administrative Court have a competent quorum when five members are present, unless a different quorum has been laid down by an Act.
Article 120: High Court of Impeachment
The High Court of Impeachment deals with charges brought against a member of the Government, the Chancellor of Justice, the Parliamentary Ombudsman or a member of the Supreme Court or the Supreme Administrative Court for unlawful conduct in office. The Court of Impeachment deals also with the charges referred to in Article 113 below.
The High Court of Impeachment consists of the President of the Supreme Court, presiding, and the President of the Supreme Administrative Court, the three most senior-ranking Presidents of the Courts of Appeal and five members elected by the Parliament for a term of four years.
More detailed provisions on the composition, quorum and procedure of the Court of Impeachment are laid down by an Act.
Article 121: Appointment of judges
Tenured judges are appointed by the President of the Republic in accordance with the procedure laid down by an Act. Provisions on the appointment of other judges are laid down by an Act.
Article 122: The right of judges to remain in office
A judge shall not be suspended from office, except by a judgement of a court of law. In addition, a judge shall not be transferred to another office without his or her consent, except where the transfer is a result of a reorganisation of the judiciary.
Provisions on the duty of a judge to resign at the attainment of a given age or after losing capability to work are laid down by an Act.
More detailed provisions on the other terms of service of a judge are laid down by an Act.
Article 123: The prosecutors
The prosecution service is headed by the highest prosecutor, the Prosecutor-General, who is appointed by the President of the Republic/Crown Representative. More detailed provisions on the prosecution service are laid down by an Act.
Article 124: Presidential/Royal pardon
In individual cases, the President of the Republic/Crown Representative may, after obtaining a statement from the Supreme Court, grant full or partial pardon from a penalty or other criminal sanction imposed by a court of law.
A general amnesty may be provided only by an Act.
Part II - Supervision of Legality
Article 125: Primacy of the Constitution
If, in a matter being tried by a court of law, the application of an Act would be in evident conflict with the Constitution, the court of law shall give primacy to the provision in the Constitution.
Article 126: Subordination of lower-level statutes
If a provision in a Decree or another statute of a lower level than an Act is in conflict with the Constitution or another Act, it shall not be applied by a court of law or by any other public authority.
Article 127: Duties of the Chancellor of Justice of the Government
The Chancellor of Justice shall oversee the lawfulness of the official acts of the Government and the President of the Republic. The Chancellor of Justice shall also ensure that the courts of law, the other authorities and the civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfill their obligations. In the performance of his or her duties, the Chancellor of Justice monitors the implementation of basic rights and liberties and human rights.
The Chancellor of Justice shall, upon request, provide the President/Crown Representative, the Government and the Ministries with information and opinions on legal issues.
The Chancellor of Justice submits an annual report to the Parliament and the Government on his or her activities and observations on how the law has been obeyed.
Article 128: Duties of the Parliamentary Ombudsman
The Ombudsman shall ensure that the courts of law, the other authorities and civil servants, public employees and other persons, when the latter are performing a public task, obey the law and fulfill their obligations. In the performance of his or her duties, the Ombudsman monitors the implementation of basic rights and liberties and human rights.
The Ombudsman submits an annual report to the Parliament on his or her work, including observations on the state of the administration of justice and on any shortcomings in legislation.
Article 129: The right of the Chancellor of Justice and the Ombudsman to bring charges and the division of responsibilities between them
A decision to bring charges against a judge for unlawful conduct in office is made by the Chancellor of Justice or the Ombudsman. The Chancellor of Justice and the Ombudsman may prosecute or order that charges be brought also in other matters falling within the purview of their supervision of legality.
Provisions on the division of responsibilities between the Chancellor of Justice and the Ombudsman may be laid down by an Act, without, however, restricting the competence of either of them in the supervision of legality.
Article 130: The right of the Chancellor of Justice and Ombudsman to receive information
The Chancellor of Justice and the Ombudsman have the right to receive from public authorities or others performing public duties the information needed for their supervision of legality.
The Chancellor of Justice shall be present at meetings of the Government and when matters are presented to the President of the Republic in a presidential meeting of the Government. The Ombudsman has the right to attend these meetings and presentations.
Article 131: Supervision of the lawfulness of the official acts of the Government and the President of the Republic/Crown Representative
If the Chancellor of Justice becomes aware that the lawfulness of a decision or measure taken by the Government, a Minister or the President of the Republic/Crown Representative gives rise to a comment, the Chancellor shall present the comment, with reasons, on the aforesaid decision or measure. If the comment is ignored, the Chancellor of Justice shall have the comment entered in the minutes of the Government and, where necessary, undertake other measures. The Ombudsman has the corresponding right to make a comment and to undertake measures.
If a decision made by the President/Crown Representative is unlawful, the Government shall, after having obtained a statement from the Chancellor of Justice, notify the President/Crown Representative that the decision cannot be implemented, and propose to the President/Crown Representative that the decision be amended or revoked.
Article 132: Criminal liability of the President of the Republic
NOTE: This Article does not apply if the Crown is Head of State
If the Chancellor of Justice, the Ombudsman or the Government deem that the President of the Republic is guilty of treason or high treason, or a crime against humanity, the matter shall be communicated to the Parliament. In this event, if the Parliament, by three fourths of the votes cast, decides that charges are to be brought, the Prosecutor-General shall prosecute the President in the High Court of Impeachment and the President shall abstain from office for the duration of the proceedings. In other cases, no charges shall be brought for the official acts of the President.
Article 133: Prosecution of Ministers
A charge against a Member of the Government for unlawful conduct in office is heard by the High Court of Impeachment, as provided in more detail by an Act.
The decision to bring a charge is made by the Parliament, after having obtained an opinion from the Constitutional Law Committee concerning the unlawfulness of the actions of the Minister. Before the Parliament decides to bring charges or not it shall allow the Minister an opportunity to give an explanation. When considering a matter of this kind the Committee shall have a quorum when all of its members are present.
A Member of the Government is prosecuted by the Prosecutor-General.
Article 134: Initiation of a matter concerning the legal responsibility of a Minister
An inquiry into the lawfulness of the official acts of a Minister may be initiated in the Constitutional Law Committee on the basis of:
1. A notification submitted to the Constitutional Law Committee by the Chancellor of Justice or the Ombudsman;
2. A petition signed by at least ten Representatives; or
3. A request for an inquiry addressed to the Constitutional Law Committee by another Committee of the Parliament.
The Constitutional Law Committee may open an inquiry into the lawfulness of the official acts of a Minister also on its own initiative.
Article 135: Preconditions for the prosecution of a Minister
A decision to bring charges against a Member of the Government may be made if he or she has, intentionally or through gross negligence, essentially contravened his or her duties as a Minister or otherwise acted clearly unlawfully in office.
Article 136: Legal responsibility of the Chancellor of Justice and the Ombudsman
The provisions in Articles 114 and 115 concerning a member of the Government apply to an inquiry into the lawfulness of the official acts of the Chancellor of Justice and the Ombudsman, the bringing of charges against them for unlawful conduct in office and the procedure for the hearing of such charges.
Article 137: Official accountability
A civil servant is responsible for the lawfulness of his or her official actions. He or she is also responsible for a decision made by an official multi-member body that he or she has supported as one of its members.
A rapporteur shall be responsible for a decision made upon his or her presentation, unless he or she has filed an objection to the decision.
Everyone who has suffered a violation of his or her rights or sustained loss through an unlawful act or omission by a civil servant or other person performing a public task shall have the right to request that the civil servant or other person in charge of a public task be sentenced to a punishment and that the public organisation, official or other person in charge of a public task be held liable for damages, as provided by an Act. However, there is no such right to bring charges, if, under the Constitution, the charges are to be heard by the High Court of Impeachment.
Article 138: Not Used