Of course, it could be argued that to guarantee the independence of individual courts within the courts' system, the appointments within the circuit courts should be made by the circuit courts themselves. No less importance in guaranteeing the judicial independence has the system of promotion of judges. In the Courts' Act and the Act on The Legal Status of Judges there is no indication about the system of promotion. The appointment to the higher court is regulated in the same mode as appointment to the lower courts. And there is no dividing between system of initial appointment and further appointment.
Some concerns arise about temporary appointments at a higher instance.
No doubt efficiency considerations call for an arrangement which allows for a substitute judge to replace a judge of an appellate court who is absent for health condition or vacation. But these substitutions should be made in the way least impairing the integrity of the judiciary. So long as it is impossible to cope with temporary backlog without substitute judges, they should be appointed not for a certain case but for a certain period. Footnotes The Montreal Declaration, 2.16. The Courts' Act, 16., 18., 20., 24.