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

Article 221: Requirements and criteria to be included in the lot for the selection of members of the Council and the selection procedures

1Only those magistrates and judges of the Constitutional Court, who at the time of organising the lot, meet the following criteria, may be included in the lot for the selection of the members of the Justice Appointments Council:

aat the time of drawing the lot, the candidate has been a magistrate for at least 10 years and a member of the Constitutional Court for at least 1 year;

bno disciplinary measure is in force against the candidate

cno disciplinary proceedings have been initiated against him/her before the application.

çthe magistrate has completed the full cycle of four or five years of study in the law;

dThe magistrate has completed the School of Magistrates;

dhThe magistrate has been evaluated at least “very good” in the last two ethical and professional performance evaluation;

eThe magistrate or judge of the Constitutional Court is not under investigation and has not been previously convicted by a final court decision for commission of a criminal offence;

ëThe magistrate or judge of the Constitutional Court has not been previously punished with administrative sanctions for violation of the legal regulations regarding the declaration of assets and conflict of interest.

2Candidates who do not meet one of these requirements are excluded from the lot.

3The Constitutional Court, the High Judicial Council and the High Prosecutorial Council shall, not later than November 15 of each calendar year, verify whether the candidates for members of the Justice Appointments Council meet the requirements foreseen in paragraph 1 of this article and submit the list of eligible candidates to the President of the Republic and the Assembly.

4The list of qualified and disqualified candidates shall be published on the official website of the respective institutions.

5Disqualified candidates shall be notified individually by a reasoned decision on the causes for the disqualification. They may appeal against before the Administrative Court of Appeal within 5 days from the date of notification.

6The Administrative Court of Appeal shall decide within 7 days from the date of depositing of the complaint. Its decision is final and irrevocable.

7In the presence of the Ombudsperson, the President of the Republic shall select the members of the Council by lot between 1st and 5th of December of each calendar year. In addition to the members provided in paragraph 1 of Article 220, of this law, the President of the Republic shall select even one substitute member from each institution in the same lot.

8In case the President of the Republic fails to select members of the Council until 5 December, the Speaker of the Assembly shall select them before 10 December of that calendar year.

9The President of the Republic shall adopt further rules of procedure for the development of the lot, which, in any case, must adhere to the principles of transparency, traceability and monitoring of the process;

10Results of the lot and the summary of the minutes of the lot procedure shall be immediately published on the official websites of the President of the Republic.

11The Ombudsman shall publish immediately the monitoring report of the lot procedure on its official website.

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