KOMENTARI ELEKTRONIK

"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "

Number 115/2016 Date of Adoption 03/11/2016 Enforcement Date 16/12/2016

NOTE: This version of the Law does not reflect the Constitutional Court Decision no. 41 dated 16.05.2017. This decision entered into force on 24.05.2017 and repealed as incompatible with the Constitution of the Republic of Albania the following provisions: Article 5, Article 61, Article 103, Article 159 and Article 169 para. 5.

Legal Basis

Pursuant to Article 81 paragraph 2 and Article 83 paragraph 1 of the Constitution, upon the proposal of a group of MPs, the Assembly of the Republic of Albania,

Documents

No Related Documents

Table of Content

  1. PART I : GENERAL PROVISIONS
    1. Article 1 : Scope
    2. Article 2 : Justice system governance principles
  2. PART II : HIGH JUDICIAL COUNCIL
    1. CHAPTER I : COMPOSITION AND ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL
      1. SECTION 1 : MEMBERS OF THE HIGH JUDICIAL COUNCIL AND THEIR STATUS
        1. Article 3 : Composition of the High Judicial Council and Mandate of Members
        2. Article 4 : Status of Members of the High Judicial Council
        3. Article 5 : Disciplinary Misconduct by Members of the High Judicial Council
        4. Article 6 : Disciplinary Proceedings
      2. SECTION 2 : ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL
        1. SUBSECTION I : PROCEDURE OF ELECTION OF JUDGE MEMBERS OF THE HIGH JUDICIAL COUNCIL
          1. Article 7 : Election of Judge Members of the High Judicial Council and Requirements to be elected
          2. Article 8 : Support to Candidates
          3. Article 9 : Call for Submission of Expression of Interest
          4. Article 10 : Submission and Review of Expression of Interest
          5. Article 11 : Verifying the Fulfilment of Legal Criteria
          6. Article 12 : Complaints against Disqualification Decisions
          7. Article 13 : Calling the General Meeting for the Election of Judge Members of the High Judicial Council
          8. Article 14 : Quorum
          9. Article 15 : General Meeting Called by the Members
          10. Article 16 : Voting Process for Election of Members of the High Judicial Council
          11. Article 17 : Counting of Votes and Announcement of Results
          12. Article 18 : Complaints against Decisions of the General Meeting
        2. SUBSECTION II : PROCEDURE OF ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL FROM THE ADVOCACY
          1. Article 19 : Preliminary Verification and Evaluation of Candidates for Member of the High Judicial Council from the Advocacy and Requirements to be Elected
          2. Article 20 : Call for Submission of Expression of Interest
          3. Article 21 : Submission of Expression of Interest
          4. Article 22 : Review of the Expression of Interest
          5. Article 23 : Composition of the Independent Ad Hoc Commission for the Preliminary Verification and Evaluation of Candidates
          6. Article 24 : The Function and Responsibilities of the Independent Ad Hoc Commission
          7. Article 25 : Election of Members and Substitute Members of the Independent Ad Hoc Commission
          8. Article 26 : Convening the Meeting of the Independent Ad Hoc Commission
          9. Article 27 : The Meeting Venue and the Administrative Support
          10. Article 28 : Conflict of Interest and Incompatibility
          11. Article 29 : Recusal
          12. Article 30 : Recusal and Replacement of a Member
          13. Article 31 : Verifying the Fulfilment of Legal Conditions
          14. Article 32 : Complaints against Decisions on the Recusal of Candidates
          15. Article 33 : Initiation and Deadline for Conducting the Preliminary Evaluation Procedure and the Ranking of Candidates
          16. Article 34 : Professional and Moral Criteria for the Ranking of Candidates
          17. Article 35 : Selection of the Member of the High Judicial Council Representing the Advocacy
        3. SUBSECTION III : PROCEDURE OF ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL FROM AMONG THE PEDAGOGUES OF LAW FACULTIES AND THE SCHOOL OF MAGISTRATES
          1. Article 36 : Election of Members of the High Judicial Council from among the Pedagogues of Law Faculties and the School of Magistrates
          2. Article 37 : Call for Submission of Expression of Interest
          3. Article 38 : The Call for Submission of Expression of Interest Announced by the Minister
          4. Article 39 : Submission and Handling of expression of interest
          5. Article 40 : Verifying the Fulfilment of Legal Criteria
          6. Article 41 : Complaints against Disqualification Decisions
          7. Article 42 : Selection of Candidates from the Law Faculties and the School of Magistrates
          8. Article 43 : Quorum
          9. Article 44 : Voting process
          10. Article 45 : Counting of Votes and Announcement of Results
          11. Article 46 : Complaints against Decisions of the Academic Staff Assembly or Pedagogical Council
          12. Article 47 : The Meeting of the Academic Staff Assembly Called by the Rector of the HEI
          13. Article 48 : Calling the Special Meeting of Heads of Institutions for the Final Selection of Candidates
          14. Article 49 : Quorum
          15. Article 50 : Voting Process
          16. Article 51 : Counting of Votes and Announcement of Results
          17. Article 52 : Complaints against Decisions of the Special Meeting
          18. Article 53 : Election of the Member of the High Judicial Council that Represents the Pedagogues of Law Faculties and the School of Magistrates
        4. SUBSECTION IV : PROCEDURE OF ELECTION OF THE HIGH JUDICIAL COUNCIL MEMBER REPRESENTING THE CIVIL SOCIETY
          1. Article 54 : "Election of the Member of the High Judicial Council Representing the Civil Society and Conditions to be Elected "
          2. Article 55 : Call for Submission of Expression of Interest
          3. Article 56 : Submission and Handling of Expression of Interest
          4. Article 57 : Preliminary verification of fulfilment of legal requirements by the Civil Society Commission attached to the People’s Advocate
          5. Article 58 : Election of the member of the High Judicial Council from the representatives of the civil society
    2. CHAPTER II : ORGANISATION AND THE MEETING OF THE HIGH JUDICIAL COUNCIL
      1. SECTION 1 : MEMBERS OF THE HIGH JUDICIAL COUNCIL AND THEIR STATUS
        1. Article 59 : Chairperson of the High Judicial Council
        2. Article 60 : Deputy Chairperson
        3. Article 61 : Plenary Meeting of the High Judicial Council
        4. Article 62 : Standing Committees of the High Judicial Council
        5. Article 63 : Rapporteur
        6. Article 64 : Engagement of judges in the activity of the High Judicial Council
        7. Article 65 : Right to seek information
      2. SECTION 2 : ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL
        1. Article 66 : Calling the plenary meeting of the High Judicial Council
        2. Article 67 : Agenda
        3. Article 68 : Quorum and decision-making in the High Judicial Council
        4. Article 69 : Documentation of the Plenary Meeting of the High Judicial Council
        5. Article 70 : Application by analogy of the rules for the Council committees
        6. Article 71 : Relationship of the High Judicial Council with the Minister of Justice
      3. SECTION 3 : CONFLICT OF INTEREST
        1. Article 72 : Conflict of Interest
        2. Article 73 : Incompatibility due to participation in the proceedings
        3. Article 74 : Incompatibility due to family, kinship or marriage relations
        4. Article 75 : Recusal
        5. Article 76 : Exclusion of a member
      4. SECTION 4 : ORGANISATION OF THE ADMINISTRATION OF THE HIGH JUDICIAL COUNCIL
        1. Article 77 : Administration of the Council
        2. Article 78 : Secretary General
        3. Article 79 : Organisation of the Administration
        4. Article 80 : Conflict of interest
    3. CHAPTER III : FUNCTIONS OF THE HIGH JUDICIAL COUNCIL.
      1. Article 81 : Strategic planning
      2. Article 82 : Reporting to the public and to the Assembly
      3. Article 83 : Judicial Ethics
      4. Article 84 : Determining the territorial jurisdiction and the size of courts
      5. Article 85 : Recruitment, appointment of judges and proposal of candidates for High Court judges
      6. Article 86 : Career development and discipline
      7. Article 87 : Public position
      8. Article 88 : Continuous training of judges
      9. Article 89 : Administration of courts
      10. Article 90 : Human resources in courts
      11. Article 91 : Access to Justice and Public Relations
      12. Article 92 : Information technology electronic system
      13. Article 93 : Opinions on legislation
      14. Article 94 : Internal rules of the courts
      15. Article 95 : Annual Budget of the Council and courts
      16. Article 96 : Court budget implementation
    4. CHAPTER IV : RULES AND ACTS OF PROCEDURE
      1. Article 97 : Acts of the High Judicial Council
      2. Article 98 : Notification and publication of acts of the High Judicial Council
      3. Article 99 : Review procedure
      4. Article 100 : Appeal against decisions of the Council
  3. PART III : HIGH PROSECUTORIAL COUNCIL
    1. CHAPTER I : COMPOSITION AND ELECTION OF MEMBERS OF THE HIGH PROSECUTORIAL COUNCIL
      1. SECTION 1 : MEMBERS OF THE HIGH JUDICIAL COUNCIL AND THEIR STATUS
        1. Article 101 : Composition of the High Prosecutorial Council and Mandate of Members
        2. Article 102 : Status of members of the High Prosecutorial Council
        3. Article 103 : Disciplinary misconduct by members of the High Prosecutorial Council
        4. Article 104 : Disciplinary proceedings
      2. SECTION 2 : ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL
        1. SUBSECTION I : PROCEDURE OF ELECTION OF JUDGE MEMBERS OF THE HIGH JUDICIAL COUNCIL
          1. Article 105 : Election of prosecutor members of the High Prosecutorial Council and requirements to be elected
          2. Article 106 : Support to candidates
          3. Article 107 : Call for submission of expression of interest
          4. Article 108 : Submission and review of expression of interest
          5. Article 109 : Verifying the fulfilment of legal criteria
          6. Article 110 : Complaints against disqualification decisions
          7. Article 111 : Calling the General Meeting for the election of prosecutor members of the High Prosecutorial Council
          8. Article 112 : Quorum
          9. Article 113 : General Meeting called by the members
          10. Article 114 : Voting process for election of members of the High Prosecutorial Council
          11. Article 115 : Counting of votes and announcement of results
          12. Article 116 : Complaints against decisions of the General Meeting
        2. SUBSECTION II : PROCEDURE OF ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL FROM THE ADVOCACY
          1. Article 117 : Preliminary verification and evaluation of the candidates for members of the High Prosecutorial Council representing the advocacy and requirements of election
          2. Article 118 : Call for submission of expression of interest
          3. Article 119 : Submission of expression of interest
          4. Article 120 : Review of the expression of interest
          5. Article 121 : Composition of the Independent Ad Hoc Commission for the preliminary verification and evaluation of candidates
          6. Article 122 : The function and responsibilities of the Independent Ad Hoc Commission
          7. Article 123 : Election of members and substitute members of the Independent Ad Hoc Commission
          8. Article 124 : Convening the meeting of the Independent Ad Hoc Commission
          9. Article 125 : Venue of meeting and the administrative support
          10. Article 126 : Conflict of interest and incompliance
          11. Article 127 : Self-recusal
          12. Article 128 : Recusal and replacement of member
          13. Article 129 : Verification of meeting the legal conditions
          14. Article 130 : Complaints against the decisions recusing the candidates
          15. Article 131 : Initiation and time period for the conduct of the preliminary evaluation procedure and ranking of candidates
          16. Article 132 : Professional and moral criteria for the ranking of candidates
          17. Article 133 : Selection of the member of the High Prosecutorial Council representing the advocacy
        3. SUBSECTION III : PROCEDURE OF ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL FROM AMONG THE PEDAGOGUES OF LAW FACULTIES AND THE SCHOOL OF MAGISTRATES
          1. Article 134 : Election of members of the High Prosecutorial Council from among the law professors and the School of Magistrates
          2. Article 135 : Call for submission of expression of interest
          3. Article 136 : Announcement by the Minister of Justice of the call for submission of expression of interest
          4. Article 137 : Submission and handling of expression of interest
          5. Article 138 : Verifying the fulfilment of legal criteria
          6. Article 139 : Complaints against disqualification decisions
          7. Article 140 : Selection of the candidates from the law faculties or departments and the School of Magistrates
          8. Article 141 : Quorum
          9. Article 142 : Voting process
          10. Article 143 : Counting of votes and announcement of results
          11. Article 144 : Complaints against decisions of the Academic Staff Assembly or the Steering Council
          12. Article 145 : Meeting of the Academic Staff Assembly called by the Rector of the HEI
          13. Article 146 : Calling the special meeting of heads of institutions for the final selection of candidates
          14. Article 147 : Quorum
          15. Article 148 : Voting process
          16. Article 149 : Counting of votes and announcement of results
          17. Article 150 : Complaints against decisions of the Special Meeting
          18. Article 151 : The selection of the member of the High Prosecutorial Council by the corpus of teachers of the law faculties and School of Magistrates
        4. SUBSECTION IV : PROCEDURE OF ELECTION OF THE HIGH JUDICIAL COUNCIL MEMBER REPRESENTING THE CIVIL SOCIETY
          1. Article 152 : Election of the member of the High Prosecutorial Council representing the civil society and requirements to be elected
          2. Article 153 : Call for submission of expression of interest
          3. Article 154 : Submission and review of expression of interest
          4. Article 155 : Preliminary Verification of fulfilment of legal requirements by the Civil Society Commission attached to the People’s Advocate
          5. Article 156 : Selection of the member of the High Prosecutorial Council from the ranks of the representatives of the civil society
    2. CHAPTER II : ORGANISATION AND THE MEETING OF THE HIGH PROSECUTORIAL COUNCIL
      1. SECTION 1 : MEMBERS OF THE HIGH JUDICIAL COUNCIL AND THEIR STATUS
        1. Article 157 : Chairperson of the High Prosecutorial Council
        2. Article 158 : Deputy Chairperson
        3. Article 159 : Plenary Meeting of the High Prosecutorial Council
        4. Article 160 : Standing Committees of the High Prosecutorial Council
        5. Article 161 : Rapporteur
        6. Article 162 : Experts
        7. Article 163 : Right to seek information
      2. SECTION 2 : ELECTION OF MEMBERS OF THE HIGH JUDICIAL COUNCIL
        1. Article 164 : Calling the meeting of the High Prosecutorial Council
        2. Article 165 : Agenda
        3. Article 166 : Quorum and decision-making in the High Prosecutorial Council
        4. Article 167 : Documentation of the Plenary Meeting of the High Prosecutorial Council
        5. Article 168 : Application by analogy of the rules for the Council committees
        6. Article 169 : Relationship of the High Prosecutorial Council with the Minister of Justice
        7. Article 170 : Inter-institutional cooperation of the justice system stakeholders
      3. SECTION 3 : CONFLICT OF INTEREST
        1. Article 171 : Conflict of Interest
        2. Article 172 : Incompatibility due to participation in the proceedings
        3. Article 173 : Incompatibility due to family, kinship or in-law relations
        4. Article 174 : Waiver
        5. Article 175 : Exclusion of a member
      4. SECTION 4 : ORGANISATION OF THE ADMINISTRATION OF THE HIGH JUDICIAL COUNCIL
        1. Article 176 : Administration of the Council
        2. Article 177 : Secretary General
        3. Article 178 : Organisation of the Administration
        4. Article 179 : Conflict of interest
    3. CHAPTER III : FUNCTIONS OF THE HIGH PROSECUTORIAL COUNCIL
      1. Article 180 : Strategic planning
      2. Article 181 : Reporting to the public and to the Assembly
      3. Article 182 : Ethics of the prosecutor
      4. Article 183 : Recruitment, appointment of prosecutors and proposal of candidates for Prosecutor General
      5. Article 184 : Career development and discipline
      6. Article 185 : Public position
      7. Article 186 : Continuous training of prosecutors
      8. Article 187 : Opinions on legislation
      9. Article 188 : Annual budget of the Council
    4. CHAPTER IV : RULES AND ACTS OF PROCEDURE
      1. Article 189 : Acts of the High Prosecutorial Council
      2. Article 190 : Notification and publication of acts of the High Prosecutorial Council
      3. Article 191 : Review procedure
      4. Article 192 : Appeal against decisions of the Council
  4. PART IV : HIGH JUSTICE INSPECTOR
    1. CHAPTER I : GENERAL PROVISIONS
      1. Article 193 : Object of the chapter
      2. Article 194 : Scope of Activity of the High Justice Inspector
      3. Article 195 : Enforcement of other laws
      4. Article 196 : Independence
      5. Article 197 : Budget and structure of the High Justice Inspector
    2. CHAPTER II : STATUS OF THE HIGH JUSTICE INSPECTOR
      1. Article 198 : High Justice Inspector
      2. Article 199 : Conditions for appointment
      3. Article 200 : Incompatibility
      4. Article 201 : Selection and election of the High Justice Inspector
      5. Article 202 : Oath and commencement of office
      6. Article 203 : Mandate of the High Justice Inspector
      7. Article 204 : Competences of the High Justice Inspector
      8. Article 205 : Deputy High Justice Inspector
      9. Article 206 : End of mandate
      10. Article 207 : Disciplinary misconducts of the High Justice Inspector
      11. Article 208 : Investigation of disciplinary misconduct
    3. CHAPTER III : INSPECTORS OF THE OFFICE OF THE HIGH JUSTICE INSPECTOR
      1. Article 209 : Conditions to be appointed as inspector
      2. Article 210 : Status of inspectors
      3. Article 211 : Recruitment of inspectors
      4. Article 212 : Ethical and professional performance evaluation of inspectors
      5. Article 213 : Disciplinary misconduct by Inspectors of the High Justice Inspectorate
      6. Article 214 : Tasks of inspectors
    4. CHAPTER IV : OFFICE OF THE HIGH JUSTICE INSPECTOR
      1. Article 215 : Administration of the High Justice Inspector
      2. Article 216 : Information technology electronic system
  5. PART V : JUSTICE APPOINTMENTS COUNCIL
    1. CHAPTER I : GENERAL PROVISIONS
      1. Article 217 : Object of the chapter
      2. Article 218 : Function and responsibilities of the Justice Appointments Council
      3. Article 219 : Seat and administrative support
    2. CHAPTER II : COMPOSITION OF THE JUSTICE APPOINTMENTS COUNCIL
      1. Article 220 : Composition, mandate and replacement of members
      2. Article 221 : Requirements and criteria to be included in the lot for the selection of members of the Council and the selection procedures
      3. Article 222 : Conflict of Interest
      4. Article 223 : Incompatibility
      5. Article 224 : Waiver
      6. Article 225 : Recusal and substitution of member
    3. CHAPTER III : ORGANISATION AND FUNCTIONING OF THE JUSTICE APPOINTMENTS COUNCIL
      1. Article 226 : Chairperson
      2. Article 227 : Deputy Chairperson
      3. Article 228 : Rapporteur
      4. Article 229 : Performing the activity and decision making
      5. Article 230 : Administrative staff
      6. Article 231 : Official Registry of the Justice Appointments Council
      7. Article 232 : Publication of acts
      8. Article 233 : Transparency
    4. CHAPTER IV : VERIFICATION OF LEGAL REQUIREMENTS
      1. Article 234 : Subjects that may recourse the Justice Appointments Council
      2. Article 235 : Declaration and audit of assets of candidates
      3. Article 236 : Declaration and check of integrity of candidates
      4. Article 237 : Declaration and checking of other legal requirements
      5. Article 238 : Complaints against disqualification decisions
    5. CHAPTER V : ASSESSMENT AND RANKING OF CANDIDATES
      1. Article 239 : Initiation and the deadline for conduct of candidates' assessment and ranking procedure
      2. Article 240 : Professional and moral criteria for the ranking of candidates
    6. CHAPTER VI : DISCIPLINARY LIABILITY OF MEMBERS OF THE JUSTICE APPOINTMENTS COUNCIL
      1. Article 241 : Cases of disciplinary liability of members of the Council
      2. Article 242 : Disciplinary misconduct during performance of functions
  6. PART VI : SCHOOL OF MAGISTRATES
    1. CHAPTER I : PURPOSE AND DUTIES OF THE SCHOOL OF MAGISTRATES
      1. Article 243 : Status, autonomy and seat
      2. Article 244 : Functions
      3. Article 245 : Budget
    2. CHAPTER II : MANAGEMENT AND ORGANISATION OF THE SCHOOL OF MAGISTRATES
      1. Article 246 : Management bodies
      2. Article 247 : Composition and mandate of the Steering Council members
      3. Article 248 : Tasks, meetings and decision-making of the Steering Council
      4. Article 249 : Conditions for the appointment of the Director of the School
      5. Article 250 : Appointment, status and tenure of the Director of the School
      6. Article 251 : Tasks of the Director of the School
      7. Article 252 : Conditions for dismissal of the Director of the School
      8. Article 253 : Composition and tasks of the Pedagogical Council
      9. Article 254 : Meetings and decision-making of the Pedagogical Council
    3. CHAPTER III : DISCIPLINE
      1. Article 255 : Disciplinary liability
      2. Article 256 : Disciplinary investigation
      3. Article 257 : Disciplinary Committee
      4. Article 258 : Disciplinary investigation and proceedings
      5. Article 259 : Disciplinary misconduct
      6. Article 260 : Disciplinary measures against the Director or full-time pedagogues
      7. Article 261 : Disciplinary measures against the candidate magistrates
    4. CHAPTER IV : FUNCTIONING OF THE SCHOOL OF MAGISTRATES
      1. Article 262 : Registration of applicants
      2. Article 263 : Initial training programme of candidate magistrates
      3. Article 264 : Election and appointment of the pedagogues, persons in charge of training programs and the chancellor
      4. Article 265 : Judge or prosecutor pedagogues
      5. Article 266 : Competition and admission of candidate magistrates
      6. Article 267 : Scholarship fee of the candidates for magistrate
      7. Article 268 : Evaluation of the initial training of candidate magistrates
      8. Article 269 : Evaluation during the professional internship of candidate magistrates
      9. Article 270 : Evaluation categories of the candidate magistrates
      10. Article 271 : Appointment of Magistrates
      11. Article 272 : Continuous training
      12. Article 273 : Competition, initial and continuous training of state advocates
      13. Article 274 : Competition, initial and continuous training of legal advisor of courts and prosecution offices
      14. Article 275 : Administration of the School of Magistrates
  7. PART VII : FINAL AND TRANSITORY PROVISIONS
    1. CHAPTER I : HIGH JUDICIAL COUNCIL
      1. Article 276 : Election of members of the High Judicial Council
      2. Article 277 : Establishment of the High Judicial Council
      3. Article 278 : Establishment of administrative and organizational structures of the High Judicial Council
    2. CHAPTER II : HIGH PROSECUTORIAL COUNCIL
      1. Article 279 : Election of members of the High Prosecutorial Council
      2. Article 280 : Establishment of the High Prosecutorial Council
      3. Article 281 : Establishment of administrative and organizational structures of the High Prosecutorial Council
    3. CHAPTER III : HIGH JUSTICE INSPECTOR
      1. Article 282 : Election of the High Justice Inspector
      2. Article 283 : Establishment of the Office of the High Justice Inspector
    4. CHAPTER IV : JUSTICE APPOINTMENTS COUNCIL
      1. Article 284 : Establishment of the Provisional Council for Appointments in the Justice System
    5. CHAPTER V : SCHOOL OF MAGISTRATES
      1. Article 285 : School of Magistrates
      2. Article 286 : Verification of non-judge member candidates of the High Judicial Council
      3. Article 287 : Verification of non-prosecutor member candidates of the High Prosecutorial Council
    6. CHAPTER VI : FINAL PROVISIONS
      1. Article 288 : Establishment of the independent commission for coordinating, monitoring and following up the implementation of the law
      2. Article 289 : Sub-legal acts
      3. Article 290 : Repeals