Appendix

Judiciary System Act

Section II

Judicial Assistants and Prosecutorial Assistants

 Article 244

 (Amended, SG No. 33/2009, SG No. 1/2011, effective 4.01.2011, supplemented, SG No. 28/2016)

There may be judicial and prosecutorial assistants at the courts and at the prosecution offices if the respective chamber of the Supreme Judicial Council so determines on the basis of the caseload level of the respective judicial authority.

 Article 245

 (1) Eligibility for appointment as a judicial assistant and as a prosecutorial assistant shall be limited to persons who meet the requirements under Article 162 and who have successfully passed a competition for a judicial officer.

 (2) Candidates shall be appointed in the order of the ranking thereof by the competition commission.

 Article 246

 (1) Judicial assistants shall be appointed by the administrative head of the respective court.

 (2) Prosecutorial assistants shall be appointed by the Prosecutor General or the administrative head of the respective prosecution office.

 Article 246a

 (New, SG No. 1/2011, effective 4.01.2011, amended, SG No. 62/2016, effective 9.08.2016)

(1) Judicial assistants shall assist the judges, administrative heads and deputy administrative heads in the work thereof and, to this end:

 1. shall draft judicial instruments;

 2. shall peruse, analyse and summarise case-law and opinions in the legal doctrine and shall carry out comparative legal research in a specified matter assigned by a judge, administrative head or deputy administrative head;

 3. shall draw up opinions on letters and alerts concerning legal matters received at the court;

 4. shall assist the administrative heads and the chairpersons of divisions upon the institution of cases;

 5. shall carry out other activities assigned by the administrative heads and the deputy administrative heads.

 (2) Prosecutorial assistants shall assist prosecutors and administrative heads in the work thereof. Prosecutorial assistants may be assigned the drafting of prosecutorial instruments.

 (3) The administrative heads of the court and the prosecuting magistracy shall endorse and publish on the website of the respective judicial authority rules of organisation of the operation of judicial assistants and prosecutorial assistants.

 Article 246b

 (New, SG No. 1/2011, effective 4.01.2011)

(1) Judicial assistants and prosecutorial assistants shall be bound to keep as official secret the information of which they have become aware in the course of their work and which affects the interests of citizens, legal persons, the administrative authorities and the State.

 (2) Judicial assistants and prosecutorial assistants shall not have the right to give legal advice and opinions to the parties, to the procedural agents thereof or to third parties in connection with the official work thereof.

 (3) When discharging the official duties thereof and in public life, judicial assistants and prosecutorial assistants must behave in conformity with professional ethics and not damage the prestige of the Judiciary.

 (4) Judicial assistants and prosecutorial assistants shall be mandatorily insured against accident for the account of the Judiciary budget.

 Article 247

 Judicial assistants and prosecutorial assistants shall receive basic monthly remuneration amounting to 90 per cent of the basic remuneration for the lowest judicial or prosecutorial position.

 Article 248

 The Labour Code shall apply to matters that have not been provided for in this Section.