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

Article 283: Establishment of the Office of the High Justice Inspector

1Within one month from after the establishment of the Independent Qualification Committee, the magistrates interested in the position of the inspector of the Office of the High Justice Inspector, shall submit to the Independent Qualification Committee a request expressing their interest to run as candidate and the documentation according to the law on re-evaluation. Their re-evaluation shall be given priority.

2Any other jurist interested in the position of the inspector of the Office of the High Justice Inspector, within 1 month from the establishment of the Office of the High Justice Inspector, shall submit the application to the High Justice Inspector;

3The High Justice Inspector shall verify the fulfilment of legal requirements and criteria according to provisions of this law and verify the integrity and assets of non-magistrate candidates.

4The High Justice Inspector shall submit the request for information concerning verification of integrity according to the provisions of article 38 of the law “On transitional re-evaluation of judges and prosecutors in the Republic of Albania” and any other disqualification ground, to the High Inspectorate of Declaration and Audit of Assets and Conflict of Interest, prosecutor’s offices, public financial bodies, National Bureau of Investigation, state intelligence services and any other disciplinary body monitoring discipline in previous employment relations of the candidate. If deemed necessary, the High Justice Inspectorate may request additional information from other institutions.

5The High Justice Inspector in relation to the non-magistrate candidate shall assess the professional and moral skills according to the criteria foreseen for the position of the inspector.

6The High Justice Inspector shall approve a written reasoned report based on the results of declarations of assets, assessment of integrity and fulfilment of legal requirements and criteria in this law concerning the candidate.

7Following his appointment, the High Inspector of Justice, in cooperation with the Department of Public Administration, shall set the structure of the Office with the minimum number of staff members and shall start recruiting civil servants and other staff necessary for the initial phase, and requests, where necessary, the secondment of magistrates to ensure at least 16 inspectors for the initial stage of 6 months after the establishment of the Office. The final structure shall be determined within six months after the establishment of the Office, in accordance with the provisions of this law.

8The Office of the High Justice Inspector shall be deemed established on the first day of the month following the appointment of the High Justice Inspector by the Assembly. If this period is less than a week following the appointment, the first day of the next month will be considered the date of the establishment of the Office of the High Justice Inspector.

9On the day of the establishment of the Office of the High Justice Inspector, the inspection service attached to the High Council of Justice, the Ministry of Justice and the General Prosecution Office shall cease and the mandate of the Chief Inspector shall end.

10On the day of the establishment of the Office of the High Justice Inspector, the Chief Inspector, as well as the inspectors of the High Council of Justice who are magistrates and the prosecutors who perform their activity for the disciplinary liability of prosecutors attached to the General Prosecution Office shall be considered as inspectors of the Office of the High Justice Inspector for a period of 6 months after the creation of the Office of the High Justice Inspector. At the end of this period they shall continue to remain in office if they meet the requirements and criteria for inspector according to the provisions of this law. In this case, the mandate of the inspectors shall start with the appointment as inspector in the High Council of Justice or General Prosecution Office. If they fail to fulfil the requirements and criteria, they have the right to return to the previously position held 6 months after the establishment of the Office of the High Justice Inspector or participate in transfer and lateral transfer procedures according to the provisions in the law on the status of judges and prosecutors.

11On the day of the establishment of the Office of the High Justice Inspector all the disciplinary files under investigation by the Ministry of Justice, the High Council of Justice and the General Prosecution Office shall be transferred from the Chief Inspector, the responsible directorates of the Ministry of Justice and the General Prosecution Office to the responsibility of the High Justice Inspector. Any complaint in terms of this law on the status of judges and prosecutors shall be addressed to the High Justice Inspector.

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