"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 105: Election of prosecutor members of the High Prosecutorial Council and requirements to be elected

1The General Meeting of prosecutors from all levels shall elect 6 (six) members of the High Prosecutorial Council under the following ratio:

aThree of the elected prosecutors are first instance prosecutors. At least 1 (one) of them is a prosecutor of first instance prosecutor's office attached to the court outside Tirana.

btwo of those who have been elected are prosecutors of the Prosecutor's Offices attached to the courts of appeal, including even the special Prosecution Office for combatting corruption and organised crime. At least 1 (one) of them is a prosecutor of appeal prosecutor's office attached to an appeal court outside Tirana.

cone of the elected is a prosecutor attached to the General Prosecutor Office.

2Candidates must meet the following requirements:

ahave performed, at the time of application, the function of a prosecutor for at least 10 (ten) years;

bare not, at the time of application, chairpersons of any prosecution office or governing bodies of groups of interest, such as prosecutors’ associations, prosecutors’ unions, etc.;

chave been evaluated at least “very good” in the last two ethical and professional performance evaluations;

çhave no disciplinary measure in force;

dhave not been previously sentenced by a final court decision for committing a criminal offence;

dhhave not been members or collaborators or favoured by the former security service before 2 July 1991 in the sense of the law “On the right to information for the document of former state security service of the People’s Socialist Republic of Albania”;

ehave not been collaborators, informants or agents of secret services;

ëat the time of application, have no family members in the meaning of the Law "On the Declaration and Audit of Assets, Financial Obligations of Elected Persons and Certain Public Officials" and first degree relatives who are incumbent Council members or candidates for members.

3Every prosecutor attached to the General Prosecutor Office who meets the legal requirements provided in paragraph 2 of this Article, shall be entitled to apply.

4Every prosecutor of first and appeal instance, who meets the legal requirements provided in paragraph 2 of this Article and obtains the support of at least 10 colleagues of the same instance of the prosecution service, shall be entitled to apply.

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