ON THE ORGANIZATION AND FUNCTIONING OFTHE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA | 8577
Article 7-b: Procedure of Appointment by the President of the Republic
The Chairperson of the Constitutional Court shall, under this law, notify the President of theRepublic on the vacancy, who shall, within 7 days of receiving the notification, announce on public information media and on the official internet website the opening of the application procedure. The applications of the candidates along with the documents establishing the fulfilment of conditions and criteria set out in Article 7/a shall be submitted to the President of the Republic, who shall forward them to the Justice Appointments Council.
The Chairperson of the Justice Appointments Council shall, within 5 days of the publication of the list of candidates, convene the meeting of the Council, which shall examine the legal conditions and criteria met by the candidates for judges of the Constitutional Court. The notification for convening the meeting shall be public and it shall contain the date, time and venue of holding the meeting. Public institutions related to the justice system, civil society organisations being active in the protection of human rights and established for the protection of interests of the users of the justice system may submit their opinion regarding the candidacies to the Justice Appointments Council.
The Justice Appointments Council shall, following the evaluation of the appointmentconditions and criteria, within 10 days of holding the meeting, draft a final list by ranking the candidates. Where more than one vacancy exists, the Council shall draft two separate lists, one of which containing candidates coming from among the ranks of the judiciary. The list shall be associated with a written report, thus analysing the meeting of the legal conditions and criteria for each candidate. The reasoned report, upon approval by a majority vote of all members of the Justice Appointments Council, shall be published.
The President shall, within 30 days of receiving the list from the Justice Appointments Council, appoint the member of the Constitutional Court from the candidates ranked on the three first positions of the list. The appointment decree shall be announced associated with the reasons of selection of the candidate. Where the President does not appoint a judge within 30 days of list being submitted by the Justice Appointments Council, the candidate ranked first shall be considered as appointed.
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