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In case where there is a question pertaining to the qualifications of an
applicant, a person who has been elected or selected, it shall be the duty and power of the
Selection Committee to consider the matter, and its decision shall be final.
In the selection process, the Selection Committee shall deliberate with a
view to selecting a person having high responsibility, courage in performing duties, and
ethical behaviour that can be a good role model of the society. In addition to the process of
announcement for application for the position, the Selection Committee may select persons
who are generally suitable, provided that consent from such person must be obtained.
Section 204. A person who is elected or selected to hold the position of
judge of the Constitutional Court must obtain the approval of the Senate with the votes of
not less than one-half of the total number of the existing members of the Senate.
In the case where the Senate disapproves any selected or elected person, a
new person shall be selected or elected and thereafter submitted to the Senate for
approval.
After the selected or elected persons are approved by the Senate, they shall
elect one amongst themselves to be the President of the Constitutional Court and inform
the result to the President of the Senate.
The President of the Senate shall report to the King for appointment of the
President and judges of the Constitutional Court and countersign the Royal Command.
Section 205. A person approved by the Senate to be a judge of the
Constitutional Court who has not yet vacated office under section 202 (6), (7) or (8) or is still
engaged in a profession under (9), shall present evidence of resignation or termination from
engaging in such profession under section 202 (6), (7), (8) or (9) to the President of the
Senate within the period as provided by the President of the Senate, which shall be the
period before the President of the Senate reports to the King under section 204 paragraph
four. In case of failure to present evidence within such period, it shall be deemed that such
person has waived his or her rights and a new person shall be selected or elected.
Section 206. In considering an approval under section 204, if the number of
persons approved by the Senate is not fewer than seven persons, the approved persons
shall elect one amongst themselves to be the President of the Constitutional Court and
inform the President of the Senate of the result without awaiting the complete number of
nine approved persons, and upon receiving Royal appointments, the Constitutional Court
shall perform its duties and powers for the time being. During that period, the Constitutional
Court shall be deemed to consist of number of the existing judges of the Constitutional
Court.
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