Volume 117, Issue 44A
Royal Gazette
18 May 2543
In issuing the rules for the judicial service of the courts of justice according to paragraph 1, regard shall be had to the expertise and appropriateness of the judicial panels to be responsible for case files, as well as the quantity of the cases under the responsibility of each judicial panel.
Section33.Recall or transfer of a case file under the responsibility of any judicial panel shall only be made by the President of the Supreme Court of Justice, President of the Court of Appeal, President of a Regional Court of Appeal, chief judge of a court of first instance, or presiding judge of a court only when the fairness in trying and adjudicating upon cases before such court is likely to be affected and the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, most senior judge in the provincial court, or most senior judge in the municipal court, as the case may be, who is not part of the panel in charge of the case file has proposed an opinion that this should be done.
In the event that the Vice President of the Supreme Court of Justice, deputy chief judge of the court of first instance, most senior judge in the provincial court, or most senior judge in the municipal court, as the case may be, is unable to serve or has become part of the panel in charge of the case file to be recalled or transferred, the Vice President of the Supreme Court of Justice, deputy chief judge of the court of first instance, or judge of that court who is next in seniority shall have the power to propose the opinion instead. In the event that there is only one Vice President of the Supreme Court of Justice or deputy chief judge of the court of first instance, and in the event that the Vice President of the Court of Appeal or Vice President of the Regional Court of Appeal is unable to serve or has become part of the panel in charge of the case to be recalled or transferred, the most senior judge of that court shall then become the person who has the power to propose the opinion.
No senior judge or junior judge has the power to propose the opinion according to paragraph 1 or paragraph 2.
In the event that a large number of cases is pending before a judge rapporteur or judicial panel, which would delay the trial and adjudication of cases before that court, and the judge rapporteur or judicial panel applies for permission to return a case file under his or its responsibility, the President of the Supreme Court of Justice, President of the Court of Appeal, President of the Regional Court of Appeal, chief judge of the court of first instance, or presiding judge of the court, as the case may be, shall have the power to accept the return of the said case file and transfer it into the responsibility of another judge or judicial panel in that court instead.
