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

Article 154: Submission and review of expression of interest

1The members of the civil society shall, within 15 days from the launch of the call for submission of expression of interest, express their interest through a written request addressed to the People’s Advocate.

2"The expression of interest may be sent via the electronic address indicated in the call for submission of expression of interest. "

3"The interested persons shall, in addition to the request in writing, attach at least the following documents: "

aAn updated Curriculum Vitae;

bA personal programme of goals and objectives that the candidate shall propose to follow-up, if elected;

cA self-declaration of criminal record according to the law “On guaranteeing the integrity of persons elected, appointed or performing public functions”;

ça declaration against the legal responsibility that they have not been members, collaborators of the former State Security Agency prior to 2 July 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”

dA statement of legal liability of not being collaborator, informant or agent of secret services.

dh"any other document establishing the meeting of legal conditions provided for in Article 152, point 2, of this law; "

4The names of candidates from civil society and original or certified copies of the documentation submitted by them shall be recorded in the register of the protocol office of the People’s Advocate.

5The protocol office of the People’s Advocate shall receive the expression of interest and the supporting documentation of candidates and provide them with a written certificate acknowledging receipt of the expression of interest and supporting documentation.

6The People’s Advocate shall, within 5 days from the registration of the candidates and supporting documentation, verify whether the documentation submitted by the candidates is complete. If documentation of the candidate is incomplete to assess the fulfilment of constitutional and legal criteria and professional and moral criteria, according to article 152, paragraph 2 and 3, of this law, the People’s Advocate shall request the candidate to complete the documentation or submit additional documents within 5 days. Notice on completion of documentation or submission of additional documentation shall be sent to the email address indicated by the candidate within a time period of 5 days, since the day of notification of the People’s Advocate.

7"Failure to submit supplementary or additional documentation with the time limit of 5 days, shall not suspend the process of final registration of the candidates and their supporting documentation. In this event, the candidate shall be assessed based on the documentation in the file deposited with and administered by the People’s Advocate. "

8The date of completion of the requested documentation or time limit set for completion shall be considered even the day of submission and registration of the candidates and supporting documentation to the Office of the People’s Advocate. The final submission shall be documented by a registration number assigned by the protocol office of the People’s Advocate.

9"The People’s Advocate shall, not later than 10 days from the day of registration of the candidates and supporting documentation according to paragraph 5 of this article, review and verify whether the candidates meet the legal requirements and criteria foreseen in the Constitution and article 54 of this law through an open and public process. "

10"Within 3 days since the day of the announcement of the notification of submission of the expression of interest for High Prosecutorial Council by the civil society, the People’s Advocate shall publish the list for the expression of interest for the commission of the civil society for the preliminary verification by the civil society organisation, under the provisions of Article 152, point 1, of this law. The call shall be published on the official website of the People’s Advocate, as well as in one of the highest circulation newspapers. The notification shall be sent to all the civil society organisations to their official electronic addresses. The expression of interest shall be submitted by the organisational of the civil society within 7 days and they shall contain the respective documentation establishing the meeting of criteria provided for in Article 54, point 1, of this law, or those provided in this point. "

11"The People’s Advocate shall verify within 10 days the meeting of criteria by the organisations expressing their interest for becoming part of the commission of the preliminary verification of the civil society. Where more than 5 organisations have expressed their interest that they meet the criteria provided for in point 10 of this Article, the first meeting of this commission shall elect by secret voting the organisations which shall be members of this commission. Five organisations attaining most of the votes shall be considered selected as members of the commission of the civil society. In the event of equality of votes, the voting shall be repeated among the organisations with the same number of votes. "

12"The civil society commission chairman for the preliminary verification shall be elected by the commission. The civil society organisation shall be represented by its legal representative. The substitute member of this commission shall substitute him upon the authorisation of the legal representative. "

13"Failure to assume the powers under this law by the People’s Advocate within the time period provided for shall consist disciplinary violation and in each case it is the Justice Appointments Council Chairperson who shall assume the powers provided for in this Article within 3 days of the expiry of the deadline set out for the People’s Advocate in this law. "

14"In the event of conflict of interest, incompliance or withdrawal of the commission member, the legal regulations provided for in Articles 126 and 127 of this law shall be applied mutatis mutandis. "

15"The civil society commission shall carry out a joint procedure for the preliminary verification of both categories of the candidates for members of the High Judicial Council and High Prosecutorial Council in the event of creation of vacancies at the same time. "

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