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

Article 142: Voting process

1The voting for the selection of candidate members of the High Prosecutorial Council from the Academic Staff Assembly of the faculty shall be secret and individual.

2The voting process shall be open to media and all other observers who are interested in monitoring the process. Observers are authorised in advance by the rector of the HEI.

3A voting committee to administer the voting process shall be established consisting of the members of the academic personnel not putting up their candidacy. The voting commission shall be assisted in assuming its functions by the administration of the faculty.

4The Minister of Justice, 2 representatives of the parliamentary law committee, one of whom from the opposition, the rector of HEI or persons authorised by them, without prior authorization, may participate as observers in the meeting of the Academic Staff Assembly for selection of candidate members of the Council at faculty level.

5The rector of HEI shall, not later than 2 (two) days before the date of the meeting of the Academic Staff Assembly, approve the template of the ballot papers, which shall contain names of registered candidates.

6The members of the Voting Committee shall, before the voting process starts, multiply and sign in advance a number of ballots equal to the number of members of the Academic Staff Assembly present at the meeting. In case one or more ballots are spoiled, the commission shall sign a number of ballots equal to the spoiled ballots and destroy the spoiled ballots in the presence of participants.

7Each member of the Academic Staff Assembly shall withdraw a ballot paper, mark it secretly in the voting booth and cast it in the ballot box. The vote will be considered valid, when it clearly expresses the will to support only one candidate.

8The rules laid down in paragraphs 1 to 7 of this Article for the voting process by the Academic Staff Assembly of the faculty shall also apply for the voting process by the Steering Council of the School of Magistrates. In this case, the responsibilities provided for by paragraphs 2 and 5 of this Article on the rector of the HEI shall be exercised by the director of the Head of the Steering Council. The voting committee, in case of elections in the School of Magistrate, shall be established by lots by the members of the Pedagogical Council. The voting commission shall be assisted in assuming its functions by the administration of the School of Magistrates. In the event of an impossibility to attend, the members of the voting committee shall be replaced by other members of the Steering Council elected by lot.

9The Minister of Justice or persons authorised by him/her, 2 members of the permanent parliamentary committee for legal affairs, public administration and human rights, one of whom from the opposition, may participate as observers in the meeting of the Steering Council for the selection of the candidate of the School of Magistrate, without the prior authorisation of the Chairman of the Council.

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