Goto Main Content
:::

Chapter Law Content

Chapter II. General Procedural Provisions
Section 2 Disqualification of Justices
Article 9
(Grounds for Disqualification SuaSponte)
A Justice must recuse herself or himself sua sponte from the conduct of the proceedings, where
(1) she or he, her or his spouse, former spouse, or fiance is a party to the case;
(2) she or he is or was a party's statutory agent, representative; she or he is the head or a member of the party's household, or the party's relative within the third degree of consanguinity or within the second degree of affinity;
(3) she or he has previously given evidence or acted as an expert witness in the case;
(4) she or he has previously taken part in the making of the relevant court decision or arbitration award that underlies the case;
(5) she or he has previously taken part in the petition stage of the case in her or his official capacity of the time;
(6) she or he has previously served as the advocate or the defense counsel in the case; and
(7) in the case that the relevant Justice was a practicing attorney, other colleagues of her or his law firm then served as the advocate or the defense counsel in the case.
Article 10
(Grounds for Disqualification by Motion)
A party may file a motion to disqualify a Justice with the Constitutional Court, where
(1) the relevant Justice fails to recuse herself or himself sua sponte when any of the conditions set out in the preceding Article is satisfied; or
(2) there are reasonable grounds for believing that the relevant Justice may otherwise perform her or his duties with bias.
After a party has made a motion or statement in respect of the case, she or he may not request the relevant Justice to be disqualified under Subparagraph 2 of the preceding Paragraph except where the ground for disqualification does not arise or become known to her or him until after such a motion or statement has been made.
The motion under Paragraph 1 must set out the reasons in writing.
The challenged Justice may not take part in the Constitutional Court's ruling on the motion to request her or his disqualification.
Article 11
(Disqualification by Consent)
In circumstances other than those set out in the preceding two Articles, a Justice may recuse herself or himself by the consent of a majority of all the other Justices.
Article 12
(The Total Number of the Justices in the case of disqualification)
A Justice who is disqualified in accordance with this Act will not count towards the total number of the Justices.
Article 13
(Disqualification of Clerks and Interpreters)
The provisions governing the disqualification of Justices shall apply mutatis mutandis to clerks and interpreters.