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

Article 86: Implementation of the New Law

1. The examination of disciplinary misconducts of the Constitutional Court judges, under Article 10 of this Law, for a 9-year period since the entry into force of this law, shall be affected by the Special Chamber of Appeal at the Constitutional Court, under the provisions of Law no 84/2016 “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.

2. The legal advisors appointed prior to the entry into force of this law shall continue to stay in office, after successfully passing the transitional re-evaluation process, under Article 179/b and Annex to the Constitution, as well as Law no.84/2016 “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”. Legal advisors who pursue the career of magistrates shall be subject to the rules provided in the law on the status of magistrates. Other legal advisors shall be subject to the rules provided for in this law and the law on the status of magistrates, as far as applicable. Their number is defined in accordance with the structure of the Legal Service Unit.

3. Regarding the petitions and cases pending on the date of entry into force of this law, the provisions of this law shall apply, except for the cases provided for in Articles 50, paragraph 4, Article 71, 71/a, 71/b, 71/c and 71/ç of this law, for which the implementation shall start on 1 March 2017.

4. The renewal of Constitutional Court judges until 2022, shall take place under the following scheme:

a) The judges who will replace the judges whose mandate expires in 2016, shall be appointed as per the sequence, respectively by the President of the Republic and the Assembly.

b) The judge who will replace the judge whose mandate expires in 2017 shall be appointed by the High Court and shall stay in office until 2025.

c) The judges who will replace the judges whose mandate expires in 2019 shall be appointed as per the sequence, respectively by the President of the Republic and the Assembly.

ç) The judge who will replace the judge whose mandate expires in 2020, shall be appointed by the High Court and shall stay in office until 2028.

d) The judges who will replace the judges whose mandate expires in 2022, shall be appointed as per the sequence, respectively by the President of the Republic, the Assembly, and the High Court.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment