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

Article 261: Disciplinary measures against the candidate magistrates

1Disciplinary misconduct that may be committed by the candidate magistrates are defined in detail in the Regulation of the School. The disciplinary measures imposed against the candidate magistrates for these misconducts are:

areprimand;

breprimand with warning;

ctransfer from the place of professional internship;

çreduction of the scholarship fee up to 30 % of the total amount for a period from 3 to 6 months;

ddismissal from the School.

2The disciplinary measures provided in letters "a", "b" and "c" shall be imposed by the Director of the School, while those provided in letters "ç", and "d" of point 1 of this Article shall be imposed by the Disciplinary Committee, upon the proposal of the Director of the School, or not less than 3 members of the Disciplinary Committee.

3No disciplinary measure may be imposed without first hearing the person who is to be proceeded against.

4The disciplinary measures imposed by the Director of the School may be appealed against before the Disciplinary Committee, while those imposed by the latter may be appealed before the Administrative Court of First Instance in Tirana, within 10 days from the date of being communicated. Filing of an appeal does not suspend the implementation of the disciplinary measure for first- and second-year.

5A disciplinary measure may not be imposed after one year has passed from the commission of the offence.

6The disciplinary measures imposed under letter "a" and "b" of paragraph 1 of this Article are expunged after one year from the date of imposition. The disciplinary measures imposed under letter "c" and "ç" are expunged after two years from the date of imposition.

7Detailed rules for the disciplinary proceedings against the candidate magistrates shall be defined in the Internal Rules of Procedure of the School, which shall be published on the official website of the School of Magistrates.

8The disciplinary proceedings against the candidate magistrates during the professional internship in the third year shall be carried out under the rules provided for the law "On the Status of Judges and Prosecutors in the Republic of Albania".

9Procedures and decisions made for disciplinary proceedings against the candidate magistrates shall be reflected in their personal files.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment