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

Article 276: Election of members of the High Judicial Council

1Within one month from the entry into force of this law, the judges interested in the position of a member of the High Judicial Council, shall submit to the Independent Qualification Committee a request expressing their interest to run as candidate and the documentation required for the re-evaluation according to the law “On transitional re-evaluation of judges and prosecutors in the Republic of Albania”. If the Independent Qualification Committee has not been established yet, the request shall be submitted to the Secretary General of the Assembly.

2Within the same period of time provided for in paragraph 1 of this Article, the judges interested in the position of a member of the High Judicial Council shall submit to the Chairperson of the High Court the relevant documentation under Article 10 of this Law. The chairperson of the High Court shall make available to the judges interested in the position of the member of the Council the template form foreseen in paragraph b, c and e of Article 10 of this law.

3Within 7 days from the submission of the documents under Article 10 of this Law, the Chairperson of the High Court shall verify the fulfilment of the legal requirements under the procedures provided for in Article 11 of this Law. If a candidate fails to meet the criteria, the Chairperson of the High Court shall notify the candidate and the Independent Qualification Committee.

4Within 3 months from the date of submission of expression of interest and the documentation pursuant to paragraph 1 of this Article, the Independent Qualification Committee shall make the re-evaluation of the judges who run as candidate. The judge who, by decision of the Independent Qualification Committee, fails to pass the re-evaluation process, shall be excluded from the nomination process, even if the Commission's decision has been appealed. The election of candidates shall continue without the participation of this candidate.

5Not later than 3 days after completion of the re-evaluation process, the Independent Qualification Committee shall submit to the Chairperson of the High Court the list with the names of judge candidates who successfully passed the re-evaluation procedure.

6Within 3 days from the submission of the list by the Independent Qualification Committee, the Chairperson of the High Court shall call the general meeting of judges. The procedure for election of the judge members of the Council shall be completed within 20 days from the date of the call.

7The member elected from among the judges of the High Court, one of the members coming from the appellate courts selected by lot, and one of the members coming from the courts of first instance, selected by lot, shall only serve for a 3-year mandate.

8Within 30 days from the entry into force of this law, the structures responsible for the selection of candidates for lay members to the High Judicial Council shall begin the actions and procedures stipulated by this law for the selection of candidates. Procedures for the selection of candidates shall be completed within 4 months.

9If the Chairperson of the High Court fails to call the general meeting of the judges for the election of judge members to the High Judicial Council within 3 days after the completion of the re-evaluation procedure of the candidates, the meeting shall be called by 1/10 of the total number of judges. In this case, the meeting shall be chaired by the oldest judge by age of the High Court.

10The failure to call the general meeting of judges for the election of judge members to the High Judicial Council or exceeding the time to call it, and the failure start with the procedures for selection of candidates for the lay members to the High Judicial Council shall constitute disciplinary misconduct for the subjects provided for in paragraph 8 and 9 of this Article.

11Until the establishment of the Justice Appointments Council, the duties of the Chairperson of the Justice Appointments Council as set out in Articles 23 to 31 and Articles 33 and 34 of this Law, shall be assumed by the Chairpersons of the High Court Chambers elected by lot.

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