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

Article 209: Conditions to be appointed as inspector

1Not less than half of the inspectors of the High Justice Inspectorate are magistrates seconded to this office by the High Judicial Council or the High Prosecutorial Council.

2Other inspectors shall be appointed by the High Justice Inspector, after consultation with the Committee for the Appointment and Evaluation of Inspectors, based on an open selective, competitive and planned procedure, by analogy with, to the extent possible, the rules of the Law “On Civil Service”.

3The Committee for the Appointment and Evaluation of Inspectors shall consist of three inspectors of the High Justice Inspectorate elected by lot under the requirements and procedures foreseen in article 212 of this law. The committee members shall remain in office for 1 year.

4The Committee for the Appointment and Evaluation of Inspectors shall verify fulfilment of legal requirements and assess the professional and moral criteria of inspector candidates. The committee, after disqualifying from the competition the candidates who do not meet the legal requirements, shall rank the other candidates by merit applying, to the greatest possible extent and with the necessary changes, the requirements of the Article 240 of this law.

5Candidates for inspectors who come from the ranks of magistrates must meet the following criteria:

afulfil the requirements to be appointed to the High Court of the General Prosecution Office, at the time of application;

bare not, at the time of application, chairpersons of a court or heads of any prosecution office and neither members of governing bodies of groups of interest, such as magistrates’ associations, unions, etc.;

chave been evaluated at least “very good” in the last two ethical and professional performance evaluations;

çhave no disciplinary measure in force;

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

dhat 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 inspectors in the High Justice Inspectorate.

6Candidates for inspectors who do not come from the ranks of magistrates must meet the following criteria:

aare Albanian citizens with a second-level diploma in law and high scores in university studies;

bhave high moral integrity and professional qualification;

chave, at the time of application, at least 15 years of experience as jurists;

çhave not practised actively, at the time of application, the profession of the advocate for at least the last 2 years;

dhave not been previously sentenced by a final court decision for committing a crime;

dhhave not held political functions in the public administration or leadership positions in political parties during the last 10 years, before the election;

ehave not been members or collaborators of favoured by the former state security prior to 2 July 1991;

ëare not been collaborators, informants or agents of any secret services;

fare not members of the governing bodies of any group of interest, such as associations or unions, at the time of application.

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