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

Article 7-ç: Procedure of Appointment by the High Court

  1. The Chairperson of the Constitutional Court shall, under this law, notify the Chairperson ofHigh Court on the vacancy, who shall announce on the public information media and on the official internet website the opening of the application procedures. The Chairperson of the High Court shall admit the candidacies within 30 days of the notification, make them public and send them to the Justice Appointments Council. Public institutions related to the justice system, civil society organisations being active in the protection of human rights or established for the protection of the interests of the users of the justice system may submit their opinions regarding the candidacies to the Justice Appointments Council.
  2. The Justice Appointments Council shall, within 10 days following the evaluation of appointment conditions and criteria, rank the candidates and submit the report approved by a majority of all the members along with the list and the accompanying documentation for each candidate to the Chairperson of High Court. The reasoned report, once approved by a majority vote of all the members of the Justice Appointments Council, shall be published.
  3. The Chairperson of High Court, shall convene the special meeting of the judges of the HighCourt. The meeting shall be valid if not less than 3/4 of all judges of the High Court are attending. The list of candidates shall be made known first to the participants in the meetings. 4. For each vacancy, it shall be voted for each of the candidates ranked in the top three places of the list. The candidate obtaining 3/5 of the votes of the present judges shall be declared elected. Where no necessary majority is attained, the candidate ranked first by the Justice Appointments Council shall be considered elected.
  4. The name of the elected judge shall be notified immediately to the Speaker of Parliament, President of the Republic and Chairperson of the Constitutional Court.

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