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

Article 56: Submission and Handling of Expression of Interest

1Civil society members shall, not later than 15 days from the launch of the call for submission of expression of interest, express their interest through a written request addressed to the People’s Advocate.

2The expression of interest may be sent to the electronic address indicated in the call for submission of expression of interest.

3The interested persons shall, in addition to the request in writing, attach at least the following documents:

aAn updated Curriculum Vitae;

bA personal programme of goals and objectives that the candidate shall propose to follow-up, if elected;

cA self-declaration form according to the requirements of the law “On guaranteeing the integrity of persons elected, appointed or performing public functions”;

çA statement of legal liability of not having been member or collaborator of the former State Security before 02July 1991 in the meaning of the law “On the right to information for the documents of the former State Security of the People’s Socialist Republic of Albania;

dA statement of legal liability of not being collaborator, informant or agent of any secret services;

dhAny other document that approves the fulfilment of the legal conditions provided for in Article 54 paragraph 2 of this Law.

4The names of civil society candidates and the original or certified copies of the documentation submitted by them shall be recorded in the register of the protocol office of the People’s Advocate.

5The protocol office of the People’s Advocate shall receive the expression of interest and the supporting documentation of candidates and provide them with a written certificate acknowledging receipt of the expression of interest and of the supporting documentation.

6The People’s Advocate shall, within five days from the registration of the candidates and supporting documentation, verify whether the documentation submitted by the candidates is complete. If the candidate’s documentation is incomplete to assess the fulfilment of constitutional and legal criteria and professional and moral criteria in accordance with Article 54 paragraph 2 and 3 of this Law, the People’s Advocate shall request the candidate to complete the documentation or submit additional documents within five days. The notification to complete the documentation or submit additional documentation shall be sent to the email address indicated by the candidate, within five days from the day of the notification from the People's Advocate.

7Failure to submit supplementary or additional documentation with the time limit of five days, shall not suspend the process of final registration of the candidates and their supporting documentation. In this event, the candidate shall be assessed on the basis of the documentation in the file deposited with and administered by the People's Advocate.

8The date of completion of the requested documentation or the deadline set for completion of the documents shall be considered as the day of submission and registration of the candidates and of the supporting documentation to the People’s Advocate Institution. The final submission shall be documented by a registration number given by the protocol office of the People’s Advocate.

9The People’s Advocate shall, not later than 10 days from the day of registration of the candidates and of the supporting documentation according to paragraph 5 of this Article, review and verify the legal conditions and criteria met by each candidate as provided for in the Constitution and Article 54 of this Law, through an open and public process.

10The People’s Advocate shall, within three days from announcement of submission of expression of interest for member of the High Judicial Council from civil society, publish the call for expression of interest for member of the Civil Society Commission for the preliminary verification by civil society organisations, according to the provisions of Article 54 paragraph 1 of this Law. The call shall be published on the official website of the People’s Advocate and in one of the newspapers of the highest circulation. The notification shall be sent to all civil society organisations to their official electronic addresses. The expression of interest must be submitted by civil society organisations within seven days and it must contain the relevant documentation that certifies the fulfilment of the criteria provided for in Article 54 paragraph 1 of this Law and those provided in this paragraph.

11The People’s Advocate shall, within 10 days, verify the criteria met by the organisations that have expressed the interest to be part of the preliminary verification Commission of the civil society. In case more than five organisations that have expressed the interest meet the criteria envisaged in paragraph 10 of this Article, the first meeting of this Commission shall select by secret vote the organisations that will be members of this Commission. The five organisations that will take more votes shall be considered elected as members of the Civil Society Commission. In case of a tie, the voting will be repeated between the organisations with equal number of votes.

12The Chairperson of the civil society commission for the preliminary verification shall be elected from the ranks of the commission. The civil society organisation shall be represented by its legal representatives. The replacement member of this commission is his replacement upon the authorisation by the legal representative.

13Failure to assume the powers under this law by the Ombudsman within the set timing consists a disciplinary violation and it is always the Chairperson of the Justice Appointments Council assuming the powers foreseen in this Article within 3 days of the expiry of the time period set out for the Ombudsman in this law.

14In the events of the conflicts of interest, incompliance or withdrawal of the member of the commission, the legal regulations contained in Articles 28 and 29 of this law shall apply to the extent possible.

15The civil society commission shall conduct a joint procedure for the preliminary verification of both categories of candidates for member of the High Judicial Council and high Prosecutorial Council in the event of establishment of the vacancies for the Councils at the same time.

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