ON THE ORGANIZATION AND FUNCTIONING OFTHE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA | 8577
Article 10-a: Commencement and conduct of Disciplinary Proceedings
Where there is sufficient evidence that a Constitutional Court judge has committed amisconduct provided for in Article 128 of the Constitution and Article 10 of this Law, upon the request of the Chairperson or of any Constitutional Court judge, the Chairperson or the most senior judge in office, when the Chairperson is subject to proceedings, shall take measures to initiate disciplinary proceedings.
Disciplinary proceedings shall be instituted immediately after the ascertainment of themisconduct. The disciplinary proceedings shall be terminated if the judge resigns. In this case, he/she shall not be entitled to be any longer appointed in public functions for a period of 15 years.
Two judges assigned by lot shall collect facts, evidence and other data regarding the misconduct attributable to the judge and they shall, within 30 days, prepare the respective report and send it to the Disciplinary Committee for examination.
The Disciplinary Committee shall be composed of three Constitutional Court judges assigned by lot, without the participation of the judges involved in collection of facts and evidence under paragraph three of this Article. The Committee shall examine the submitted report and decide to impose disciplinary measures, under Article 10/d of this law or the termination of the proceedings, upon the misconduct not being established.
The judge being subject to proceedings shall have a right to complain against the decisionof the Disciplinary Committee. The complaint shall be examined by the Ad Hoc Committee consisting of three Constitutional Court judges, who have not taken part in the proceedings, under paragraph three and four of this Article.
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