Condition of the membership on NJC

A judge with at least 5 years of judicial practice may be eligible for election as a member of the NJC.
The following may not be eligible for election as an NJC member:

any person against whom disciplinary or criminal proceedings are pending with the exception of proceedings launched on private actions and by substitute private prosecutors,
who is subject to a disciplinary penalty,
against whom a procedure is pending to declare him/her unsuitable,
who is not allowed to exercise his/her judicial activity due to his/her position stipulated by law, furthermore whose legal relationship as a judge is suspended pursuant to a legal act,
who is related to the President of the NJO, the President or Vice President of the Curia, the regional court of appeal and the tribunal, as defined in the Act on Civil Procedure, who shall reach the upper age limit determined for judges in the year of election, or
who was previously a member of the NJC

Term of the membership

The NJC, its elected judge members and alternate members shall be in office for six years as of the first meeting of the NJC. The term of office of the NJC shall be terminated on the day of the first meeting of the newly elected NJC. The first meeting of the newly elected NJC shall be convened within 15 days of the election of judge members.

Legal status of the NJC members

The elected membership of the NJC shall not influence the judicial legal status, the assignment of the judge and, the exercising of employer’s rights.
Elected judge members of the NJC cannot be recalled.
Disciplinary proceedings may only be initiated against the judge member of the NJC with the approval of the NJC.
A member of the NJC may not exercise his/her rights and obligations originating from his/her membership in the NJC during disciplinary or criminal proceedings initiated against him/her with the exception of proceedings launched on private actions and by substitute private prosecutors, and during proceedings initiated for the declaration of his/her judicial unsuitability.

Termination of the membership

The office of an elected judge member of the NJC shall be terminated:

upon the expiry of the term of office,
upon the termination of the judge’s office,
by resignation from membership of the NJC,
by a non-appealable declaration of his/her disciplinary or criminal liability,
if the circumstances that the member not allowed to exercise his/her judicial activity due to his/her position stipulated by law, furthermore whose legal relationship as a judge is suspended pursuant to a legal act, or the member is related to the President of the NJO, the President or Vice President of the Curia, the regional court of appeal and the tribunal, as defined in the Act on Civil Procedure, arose during the membership and will not terminated within 30 days,
if, due to the violation, long-term omission or serious negligence of his/her rights and obligations originating from his/her membership in the NJC, the member is excluded from his/her membership in the NJC by a resolution adopted with a two-thirds majority of the votes in the NJC, or
if his/her assignment to the court tier at the time of his/her election has changed, and as a consequence the number of judges representing the given tier shall exceed the number specified in the Act (1 judge of the regional court of appeal, 5 judges of the regional courts, 7 judges of the district courts and 1 administrative and labour judge).

The President of the Curia shall cease to be member of the NJC simultaneously upon the termination of his/her term of office as President of the Curia.

Rights and obligations of NJC members

A member of the NJC shall be entitled and obliged to take part in the work of the NJC, and to perform his/her duties, he/she is entitled to:
inspect the documents related to the operation of the NJC and NJO, and to request data and information from the President of the NJO,
make a proposal for the agenda of the NJC meeting, and have his/her membership-related costs reimbursed.

Members of the NJC shall respect confidentiality rules with regard to classified data.

Judge members of the NJC shall be exempted from their judicial work of a judge to the extent necessary to perform their duties arising from membership.
Alternate members of NJC
An alternate member of the NJC shall succeed the elected member in the order of votes received, with due respect to composition of the counsel (1 judge of the regional court of appeal, 5 judges of the regional courts, 7 judges of the district courts and 1 administrative and labour judge).