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

Article 19: Preliminary Verification and Evaluation of Candidates for Member of the High Judicial Council from the Advocacy and Requirements to be Elected

1The Assembly shall elect two members of the High Judicial Council from the ranks of advocates, who fulfil the conditions foreseen by the Constitution and by provisions of this Article.

2An Independent Ad Hoc Commission shall be established in accordance with Article 23 of this Law for the preliminary verification of fulfilment of legal requirements by the candidates and for the preliminary assessment of their moral and professional integrity.

3The advocates, who run as candidates for the position as member of the High Judicial Council, shall fulfil the following conditions:

aBe Albanian citizens;

bHave finished the second cycle of university studies for law with a diploma “Master of Science”, or a diploma unified with it or to have finished university studies for law abroad having obtained a diploma unified in accordance with rules for the unification of diplomas provided by law;

cBe advocates licensed in accordance with the law;

çHave regularly paid all the taxes and financial obligations to the Chamber of Advocacy;

dHave not less than 15 years of experience in the profession as jurist, out of which the last 10 years to have exercised the advocate’s profession without interruption;

dhHave been licensed to practice the profession at the High Court and/or the Constitutional Court in accordance with the Law “On the Profession of Advocate”;

eHave no disciplinary measure in force;

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

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, collaborators or favoured by the former State Security before the 1990s in the sense of the Law “On the right to information on documents of the former State Security of the People’s Socialist Republic of Albania”;

gjNot to be 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 for members;

iHave not been dismissed from a previous duty as judge, prosecutor or judicial police officer with a disciplinary measure;

jNot to be a candidate proposed by the corps of pedagogues of law faculties and the School of Magistrates as well as by the civil society;

4The advocates holding leading positions in the chambers of advocates or in the governing bodies of groups of interest, such as advocate’ associations, advocate’ unions, etc. shall resign from these positions in case they are elected as members of the High Judicial Council.

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