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‹ Article 34A

Article 36 ›

Amendment history

Change type Date Amendment
modified 17th Nov, 2011 am. 29
modified 1st Nov, 2013 am. 33
Below is the latest text of Article 35, as amended on 1st Nov, 2013 by the 33rd Amendment.

Article 35.

  1. 1:
    The judges of the Supreme Court, the Court of Appeal, the High Court and all other Courts established in pursuance of Article 34 hereof shall be appointed by the President.
  2. 2:
    All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law.
  3. 3:
    No judge shall be eligible to be a member of either House of the Oireachtas or to hold any other office or position of emolument.
  4. 4:
    1. 1°:
      A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.
    2. 2°:
      The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.
    3. 3°:
      Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.
  5. 5:
    1. 1°:
      The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.
    2. 2°:
      The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.
    3. 3°:
      Where, before or after the enactment of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.
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