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

Article 36: Election of Members of the High Judicial Council from among the Pedagogues of Law Faculties and the School of Magistrates

1The Assembly shall elect two members of the High Judicial Council from the corps of pedagogues of law faculties and the School of Magistrates.

2Candidates proposed pursuant to paragraph 1 of this Article must fulfil the following conditions:

aBe Albanian citizens;

bHave not less than 15 years of professional experience as jurist;

cAt the time of application, be full-time pedagogues for not less than five years in a Law Faculty of a Higher Education Institution (HEI) or full-time or part-time non-magistrate pedagogues at the School of Magistrates;

çBe academic staff of the category “professor” or “lecturer”;

dNot to be a rector or director of the School of Magistrates at the time of application;

dhHave no disciplinary measure in force;

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

ëHave not held any political function in the public administration or leading positions in political parties during the last 10 years before the application;

fHave not been members, collaborators or favoured by the former State Security before 2 July 1991 in the sense of the Law “On the right to information on documents of the former State Security of the People’s Socialist Republic of Albania”;

gNot to be collaborators, informants or agents of intelligence services;

gjAt 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 Council members or candidates for members.

3Each of the higher education institutions (HEI) having as main units in their composition Faculties of Law accredited according to the rules of legislation in force, shall select not more than three candidates from among the ranks of the full-time academic staff, provided that they are not proposed by the ranks of advocates or civil society organisations.

4The School of Magistrates shall select not more than one candidate from the ranks of incumbent non-magistrate full-time pedagogues and from the part-time pedagogues, provided that they are not incumbent magistrates, advocates or employed full-time in civil society organisations.

5Every member of HEI academic staff, who meets the conditions mentioned in paragraph 2 of this Article and ensures the support of at least three pedagogues of the academic staff eligible to vote, shall be entitled to run as a candidate.

6Every pedagogue of the School of Magistrates, who meets the conditions mentioned in paragraph 2 of this Article and ensures the support of at least three pedagogues eligible to vote, shall be entitled to run as a candidate.

7The HEI Rector and the Director of the School of Magistrates shall approve the template form for supporting the candidates for members of the High Judicial Council. The template form shall be signed by the academic staff member or the pedagogue of the School of Magistrates eligible to vote, who decides to support the candidate. The academic staff member or the pedagogue of the School of Magistrates eligible to vote may support only one candidate.

8All full-time academic staff members, including the "assistant lecturer" category staff, and all full-time and part-time non-magistrate incumbent pedagogues of the School of Magistrates shall be entitled to support candidates and vote for the selection of candidates of the respective institutions.

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