Functions
The Constitution enumerates what the Council does, and it has no competence beyond that enumeration.
Recruitment of judges
Article 202(1): judges are recruited by open competition, upon published criteria, conducted anonymously so far as the exercise permits, and administered by the Council.
Article 202(2): the competition is open to every resident holding the qualification organic law fixes, without condition of origin, of family, of connection, or of prior service.
Article 202(3): organic law secures routes into the judiciary from ordinary practice, from the service of communes and cooperatives, from teaching, and from legal assistance, and may in no case confine recruitment to a single school, career or institution.
Article 202(4): the results, the marks, the criteria applied and the composition of every examining board are published.
Article 202(5): refusal of a candidacy states reasons in writing and is appealable to the Constitutional Court.
Confirmations
The Council confirms the justices drawn to the Constitutional Court under Article 217(2), and every person drawn to an oversight office under Article 237(1). In both cases it may refuse only upon a finding of incapacity, of a disqualification, or of an interest incompatible with the office, by reasoned and public decision.
Article 237(3) and Article 217(3) allow no more than two refusals for any one vacancy, and the third person drawn takes office by operation of law. Article 237(4) excludes the merits, the opinions and the expected conduct of the person drawn from the confirmation. Article 237(5) proceeds in public sitting and publishes the decision with the votes by name.
The assignment system
The Council maintains the assignment system of Article 201. Article 201(4) forbids the Council, the president of a court and any other person to select the judge who is to hear a case, to direct a reassignment, or to alter the composition of a panel after allocation.
Statistics and resources
The Council publishes the statistics of the courts and proposes to the Assembly the resources the judiciary requires. Article 193(5) and Article 223(5) fix those resources as a share of the plan and forbid their reduction during the term of an Assembly.
It reports annually to the Assembly and to the public, and the report is debated in public sitting.
The head of the prosecution service
Article 208(2) and Article 224(2) have the Council appoint the head of the prosecution service by open competition upon published criteria, for a single term of seven years, never renewed. Removal follows only the procedure of Article 206.
Matters outside the competence of the Council
Article 207(2): the Council in no case decides a case, reviews a judgment, instructs a judge or exercises influence over the outcome of any proceeding.
Article 208(4): the Council in no case holds a competence beyond those enumerated in Article 208 and in organic law adopted under it.
Article 214(3): the Council may in no case appoint, instruct, remunerate, discipline or remove the Judicial Inspectorate or its members.