"ON THE TRANSITIONAL RE-EVALUATION OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   84/2016

Article 10: Voting Process in the Parliamentary Ad Hoc Committee on Selection of Candidates

1The voting process is done through an electronic system, which enables the secret voting where each member votes for one candidate.

2Each member of the ad hoc selection committee of 6 members shall select from the candidate list for voting a candidate for judge at the Appeal Chamber, without debate and in a secret and electronic vote where one member of the committee may elect one candidate.

3The members of the ad hoc committee participate in all voting rounds until the final selection of the 6 judges of the Appeal Chamber. The electronic system enables the implementation of this voting process by generating an electronic report containing the results of the voting, which guarantee’s the impossibility of identifying the vote.

4Every member of the ad hoc committee is obliged to vote. If one of the members does not vote, the voting process shall be repeated once more. In case also during the second voting one of the members does not vote, the Speaker of the Assembly is notified for the initiation of the procedures for substituting the member of the committee who has not voted. The Assembly appoints a new member to the ad hoc committee observing the parliamentary group membership within 3 days.

5The ad hoc committee then selects the seventh judge from the remaining candidates of the list of candidates through a simple, secret electronic vote, where the candidate with the most votes is selected. In case of a tie, a manual lot shall be used between the candidates who received the highest number of votes. The procedures for drawing the lot are reflected in the minutes, which are signed by all members of the ad hoc committee.

6The procedure foreseen in paragraph 5 of this Article shall apply also for the selection of the two substitute members for the position of judge at the Appeal Chamber.

7Each member of the 12 member ad hoc selection committee shall select, from the candidate list for voting, a candidate for commissioner, without debate and in a secret and electronic vote, where one member may elect one candidate. The rules foreseen in paragraph 3 and 4 of this Article apply also during the voting procedure of the ad hoc selection committee with 12 members. The procedures foreseen in paragraph 5 and 6 of this Article shall apply also for the selection of the two substitute members for commissioners at the Commission.

8The committee shall then select two candidates from the candidate list for voting for public commissioner, by way of a voting where the two candidates with the most votes are selected. The procedure provided in paragraph 5 of this Article applies also for the selection of the two Public Commissioners and the two substitute candidates for Public Commissioner.

9If a candidate has applied for more than one position, and has been selected in one of the previously voted positions selected in order, his/her name is automatically removed from the electronic system from the lists of candidates for voting for the functions which shall be voted subsequently in a ranking order.

10The General Secretary of the Assembly, within two days from the termination of the voting process, prepares a final list of the selected commissioners, judges and public commissioners. The list, along with the voting results produced by the electronic system shall be sent to the Speaker of the Assembly, who immediately notifies the date and time of the meeting of the plenary session and forwards the list to all the members of the Assembly.

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