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

Article 117: Preliminary verification and evaluation of the candidates for members of the High Prosecutorial Council representing the advocacy and requirements of election

1The Assembly shall elect 2 members of the High Prosecutorial Council from the ranks of advocates whom meet the conditions provided for in the Constitution and the provisions of this Article.

2Regarding the preliminary verification of meeting the legal conditions by the candidates and for the preliminary evaluation of their moral and professional integrity, the Independent Ad Hoc Commission shall be established, under the provisions of Articles 121 of this law.

3The advocates putting up their candidacy for the position of the member of the High Prosecutorial Council shall meet the following conditions:

abe Albanian citizens;

bhaving completed the second cycle of university studies in justice with the diploma “master of sciences”, or unified diploma or university studies in law abroad and having obtained the unified diploma according to the rules for the unification of diplomas, provided for in law;

cbe advocates licensed in accordance with the law;

çhaving paid the entire tax and financial duties to the Chamber of Advocacy;

dhaving not less than 15 years work experience in the profession of the lawyer, out of which at least 10 last years having practiced the profession of advocate without interruption;

dhhaving been licensed to practice the profession at the High Court or the Constitutional Court, according to the provisions of the law “On legal profession”;

ehave no disciplinary measure in force;

ëhave not been previously sentenced by a final court decision for committing a crime;

fHave not held any political function in the public administration or leading positions in political parties in the last 10 (ten) years;

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

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

hat 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.

inot being dismissed previously from office as judge, prosecutor or judicial police officer due to a disciplinary measure;

jnot being candidates proposed by the ranks of the teachers of the law faculty and School of Magistrates, as well as form the civil society.

4The advocates sitting in management positions at the chambers of advocates or steering bodies of the groups of interest, such as the associations, groupings and trade unions of advocates, shall resign from these steering positions as long as they are elected members of the High Prosecutorial Council.

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