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

Article 44: Voting process

1The voting for the selection of the candidate for member of the High Judicial Council from the Academic Staff Assembly of the Faculty shall be secret and individual.

2The voting process shall be open to media and all other observers who are interested in attending the process. Observers shall be authorised in advance by the Rector of the HEI.

3A Voting Committee to administer the voting process shall be established consisting of members of academic staff not running as candidates. In assuming its functions, the Voting Committee shall be assisted by the faculty administration.

4The Minister of Justice, two members of the Standing Committee responsible for legal affairs, one of whom from the opposition, the Rector of HEI or persons authorised by them, may participate as observers in the meeting of the Academic Staff Assembly for selection of the candidate for member of the High Judicial Council, without prior authorization.

5The Rector of HEI shall, not later than two days before the date of the meeting of the Academic Staff Assembly, approve the template of the ballot papers, which shall contain names of registered candidates.

6The members of the Voting Committee shall, before the voting process starts, multiply and sign in advance a number of ballots equal to the number of members of the Academic Staff Assembly present at the meeting. In case one or more ballots are spoiled, the Committee shall sign a number of ballots equal to the spoiled ballots and destroy the spoiled ballots in the presence of participants.

7Each member of the Academic Staff Assembly shall withdraw a ballot paper, mark it secretly in the voting booth and cast it in the ballot box. The vote will be considered valid, when it clearly expresses the will to support only one candidate.

8The rules laid down in paragraphs 1 to 7 of this Article for the voting process by the Academic Staff Assembly of the faculty shall also apply for the voting process by the Pedagogical Council of the School of Magistrates. In this case, the responsibilities provided for by paragraphs 2 and 5 this Article, on the Rector of the HEI shall be exercised by the Chairperson of the Steering Council. In case of elections in the School of Magistrate, a Voting Committee shall be established, which is elected by lot from the members of the Pedagogical Council. In assuming its functions, the Voting Committee shall be assisted by the administration of the School of Magistrates. In the event of an impossibility to attend, the members of the Voting Committee shall be substituted by other members of the Pedagogical Council elected by lot.

9The Minister of Justice or persons authorised by him, two members of the Standing Committee responsible for legal affairs, one of whom from the opposition, may participate as observers in the meeting of the Pedagogical Council for selection of the candidate of the School of Magistrates, without prior authorization of the Chairperson of the Council.

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