ON THE ORGANIZATION AND FUNCTIONING OFTHE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA   |   8577

Article 10: Disciplinary Misconducts

A Constitutional Court judge shall be subject to disciplinary liability, particularly because of:

  1. Failure to submit a request for recusal from proceedings or trial of a case, where this is mandatory under the procedural law and the judge is aware of such circumstances;
  2. Behaviour, acts and other actions of the judge that create unfair benefit or damage for litigants;
  3. Failure to inform the Chairperson of the Court or competent authorities, under the law,regarding the interfering in or exercise of other forms of improper influence by advocates, political officials, public officials and other entities;
  4. Interference in or any other improper influence on the assumption of duties of another judge.
  5. Failure to inform the Chairperson and the responsible institutions on the existence of areasonable doubt, of instances of incompatibility with the assumption of his/her function.
  6. Unjustified, intentional or repeated failure to fulfil respectively his/her function;
  7. Submission of a request for recusal and commission of those actions which are not based on grounds provided in law or are taken intentionally to create undue benefits for the litigants and third parties, or with a view of preventing the judge from the legal obligation to examine the case or intending to establish the possibility that the case be reviewed by other judges, or when the resignation is delayed, regardless of being aware of the fact for which he/she resigns;
  8. Repeated or serious breach of the rules of solemnity and rules of conduct in relations with litigants, as well as with judges and personnel of the administration of the Constitutional Court; 9. Repeated and unjustified lengthy delays of procedural actions in assuming the function; 10. Public disclosure of opinions delivered by the judge himself or by other judges during the proceedings that has not yet taken the form of an act being made public;
  9. Breach of the obligation of confidentiality and non-disclosure of information, resulting from the ongoing or completed investigation or trial, including the facilitation of publication and distribution, as well as due to negligence, of confidential or procedural acts or confidential information resulting from the matters under a process of investigation or trial.
  10. Public disclosure of statements and in media on matters, except for press communications within the limits of his duty.
  11. Distorted submission of facts on the acts issued.
  12. Using the mandate of the judge, with a view of deriving unjustified benefits or benefits for oneself or for others.
  13. Being in the company of persons being subject to criminal prosecution or subject to a criminal proceeding or persons criminally convicted, save the cases of the rehabilitation of convicts, or in company of persons who are relatives of blood-related or in-law-related with the judges and having improper business relations with these persons;
  14. Unfair direct or indirect benefit of gifts, favours, promises or preferential treatments of any kind, either by lawful actions, granted due to the function he/she is assuming or as a result of his use of position of the magistrate;
  15. Improper behaviour in fulfilling the obligations in relations and in communication with state institutions and their officials, and other cases of improper unjustified behaviour.

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