ON THE ORGANIZATION AND FUNCTIONING OFTHE CONSTITUTIONAL COURT OF THE REPUBLIC OF ALBANIA | 8577
Article 7-c: Procedure of Appointment by the Assembly of the Republic of Albania
The Chairperson of the Constitutional Court shall, under this law, notify the Assembly of theRepublic on the vacancy, which shall, within 7 days of receiving the notification, announce on the official internet website the opening of the application procedure. The applications of the candidates along with the documents establishing the fulfilment of the conditions and criteria set out in Article 7/a shall be submitted to the Assembly of Albania.
The Assembly of Albania shall, within 30 days of the opening of the application procedure, publish the list of candidates and send it to the Justice Appointments Council.
The Chairperson of the Justice Appointment Council shall, within 5 days of the publication of the list of candidates, convene the meeting of the Council, which shall examine the meeting of legal conditions and criteria 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. The candidates’ files, with the application and relevant documentation, shall be made available to the Justice Appointments Council by the Assembly of Albania.
The Justice Appointments Council shall, within 10 days following the evaluation of meeting the appointment conditions and criteria, draft a final list by ranking the candidates. Where more than one vacancy exists, the Council shall draft two separate lists, one of which shall contain the candidates coming from among the ranks of the judiciary. The list shall be associated with a report in writing, analysing the meeting of legal conditions and criteria for each of the candidates. The reasoned report, upon approval by a majority vote of all members of the Justice Appointments Council, shall be published.
The Committee of Legal Affairs, Public Administration and Human Rights shall, within a reasonable period referring to the ranking, organise the hearings with the candidates. Public institutions related to the justice system, civil society organisations being active with the protection of human rights or established for the protection of the users of the justice system, may submit their opinions regarding the candidacies to the Justice Appointments Council. Following these hearings, the Committee shall send to the Assembly the names of three candidates for each vacancy along with the grounded report for each candidate selected. 6. The Constitutional Court judges shall be elected upon 3/5 of the votes of all members of the Assembly. Where the Assembly does not elect a judge within 30 days of submission of the list by the Justice Appointments Council, the candidate ranked first in the list shall be considered as appointed.
Where more than one vacancy exists at the same time, at least one member of the Constitutional Court shall be elected out of the candidates with legal education, with not less than 15 years of experience in the legal profession, law professor or lecturer, high-level jurist in the public administration.
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