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

Article 182: Ethics of the prosecutor

1The High Prosecutorial Council shall be responsible for adopting the standards of prosecutorial ethics and rules of conduct of prosecutors and observing compliance with them. In particular, the Council shall perform the following duties:

aPublish the standards of ethics and rules of conduct for prosecutors;

bReview rules from time to time and, and amend them, if necessary;

cAnalyse the degree of implementation and observance of rules of ethics and publicly report the findings.

2The Council shall assign one Ethics Advisor from the ranks of prosecutors who meet legal requirements to be a prosecutor of the General Prosecution Office and who has the experience and knowledge on ethics matters. The Ethics Advisor shall serve for a 5-years period, with the right to only one reappointment.

3The Council may, due to work needs, decide that the Ethics Advisor serves on full-time basis. In this case, the Council shall follow the secondment procedure for the assignment of the Ethics Advisor.

4The Ethics Advisor shall perform the following tasks:

aGive advice, upon the request of any prosecutor on the most appropriate behaviour in and outside of the prosecution office or court, in the event of ethical uncertainties;

bmay ask for the opinion of the Council on certain issues relating to the conduct of prosecutors in general, but not in relation to specific persons;

cElaborate, publish, and continuously update an informative manual, which shall reflect questions and answers relating to ethics, based on the best international standards and practices, relevant decisions of the Council;

çensure, in collaboration with the School of Magistrates, the initial and continuous training on issues of ethics;

dreport in writing, not less than once a year, before the Council in relation with his/her activity.

5The salary of the Ethics Advisor shall be determined based on the law “On the Status of Judges and Prosecutors in the Republic of Albania”.

6The Ethics Advisor is bound to preserve confidentiality, refraining from disclosing any information to the structures of the governance bodies of the prosecution service that exercise the competence to inspect and evaluate.

7The Council shall provide the necessary support with human and financial resources to enable the activity of the Ethics Advisor.

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