Article 32 of Judicial Organisation Law

The Minister of Justice may submit to the Supreme Judicial Council the matter of the deputy presidents of the Court of First Instance, judges, and members of the Public Prosecution of equivalent rank who have received two consecutive reports with a rating below average. After examining their circumstances, the Council shall decide either to refer them for retirement, terminate their contracts, or transfer them to another, non-judicial position, without prejudice to the provision of Article 76 of the Civil Service Regulations. The Minister of Justice shall notify the judge or member of the Public Prosecution of the substance of the Council's decision referred to in the preceding paragraph immediately upon its issuance, and his authority shall cease from the date of that notification. In the event that a decision is issued transferring the judge or member of the Prosecution to another position, and he shall retain his salary therein even if it exceeds the maximum of the salary scale for the grade of the position to which he is transferred. Article 32 bis (1) The resignation of a judge or member of the Prosecution shall be deemed accepted from the time it is submitted, and shall not entail a reduction in the pension or gratuity. Chapter Five: On Leave Article 33 (2) Without prejudice to the provisions of Articles (40), (41) of the Civil Service Regulations, the Supreme Judicial Council shall issue a decision regulating periodic leave for judges and members of the Public Prosecution. With the consent of the judge or member of the Public Prosecution, payment in lieu of periodic leave may be made in cash if working circumstances so require. The Supreme Judicial Council shall establish the rules for payment of this allowance.