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

Article 134: Election of members of the High Prosecutorial Council from among the law professors and the School of Magistrates

1The Assembly shall elect 2 members of the High Prosecutorial Council from among the corpus of law professors and the School of Magistrates;

2Candidates proposed under paragraph 1 of this Article shall meet the following requirements:

abe Albanian citizens;

bmust have 15 years of professional experience as jurist;

cmust have, at the time of application, at least 5 years profession experience as full-time professors at a law faculty in a higher education institution, which offers study programme in law or internal or external lecturers, non-magistrate, at the School of Magistrates;

çbe academic staff of the category “professor” or “lecturer”;

dnot be a rector or dean, the director of the School of Magistrates, at the time of application;

dhhave no disciplinary measure in force;

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

ëHave not held any political function in the public administration or leading positions in political parties in the last 10 (ten) years before putting up their candidacy;

fhave not been collaborators, informants or favoured by the former State Security Agency prior to 1991 in the sense of the law “On the right to information on the documents of former State Security in the People’s Socialist Republic of Albania”;

ghave not been members or collaborators of intelligence services before the 1990s;

gjat 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.

3Each higher education institution (HEI) incorporating as central units law faculties and accredited according to the rules of applicable legislation, shall select not more than 3 candidates from among the ranks of the full-time academic staff, provided that they have not been proposed from the ranks of the advocates or ranks of the civil society organisation.

4The School of Magistrates shall select not more than one candidates from the ranks of full-time professors, sitting non-magistrates, and part-time professors provided, provided that they are not sitting magistrates, advocates or employed full time at civil society organisations.

5Every member of HEI academic staff, meeting the requirements mentioned in paragraph 2 of this Article and ensuring the support of at least 3 colleagues of the academic staff eligible to vote, shall be entitled to run as a candidate.

6Each of the professors of the School of Magistrates who meets the requirements mentioned in paragraph 2 of this Article and ensures the support of at least 3 colleagues eligible to vote, shall be entitled to run as a candidate.

7The HEI Rector and the Director of the School of Magistrates shall approve the template form for supporting the candidate members of the High Judicial Council. The template form shall be signed by the academic staff member or the professor of the School of Magistrates eligible to vote, who decides to support the candidate. The academic staff member or the professor of the School of Magistrates eligible to vote may support only one candidate.

8All full-time academic staff members, including the "assistant lecturer" category staff, and all full-time and part-time non-magistrate incumbent professors of the School of Magistrates shall be entitled to support candidates and vote for the selection of candidates of the respective institutions.

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