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The object of this study is the issue of temporary transfer of judges to the Supreme Court of Justice in the light of the standard of a tribunal established by law, established by Article 6(1) of the European Convention on Human Rights. The stated purpose of regulating the temporary transfer of judges to the Supreme Court of Justice is to ensure the proper functioning of the supreme court in the event of the resignation of most judges from that court. The importance of this issue lies in the fact that although in 2023, the legislative remedy in question passed the constitutionality test, in 2016, the Constitutional Court made a distinction between judges of courts and courts of appeal, on the one hand, and judges of the Supreme Court of Justice, on the other. Given that part of the legal community considered that this distinction was also applicable to the 2023 case, and that the courts must inspire public confidence, an investigation of the subject matter is required.
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Stefan Milicenco (2024) studied this question.
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