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

Article 4: Object and Principles of Re-evaluation

1The re-evaluation process shall be carried out based on three criteria:

aAsset assessment,

bBackground assessment, and

cProficiency assessment.

2"The Commission and the Appeal Chamber are the institutions which decide on the final evaluation of the assesse. The decision shall be made based on one or several criteria or based on an overall evaluation of all three criteria, or the overall assessment of the proceedings. 3. The re-evaluation process shall start automatically with the entry of this law into force. The re-evaluation institution shall take the decisions as quickly as possible, once a case is ready to be examined. "

3The re-evaluation process shall start automatically with the entry of this law into force. The re-evaluation institution shall take the decisions as quickly as possible, once a case is ready to be examined.

4Cases of the re-evaluation of judges at the Constitutional Court, at the High Court and the General Prosecutor shall be treated as a matter of priority in time by the re-evaluation institutions.

5The Commission and Appeal Chamber shall exercise their duties as independent and impartial institutions based on the principles of equality before the law, constitutionality and lawfulness, proportionality and other principles, which guarantee the rights of assessees for a due legal process.

6If it is the case, the re-evaluation institutions may apply also the procedures provided in the Code of Administrative Procedures, or Law “On the organization and functioning of administrative courts and adjudication of administrative disputes”, if these procedures have not been provided in the Constitution or by this law.

7The right to information provided for in Law ”On the right to information” may be limited by complying with the principle of proportionality if giving the information causes an evident and grave damage to the administration of the re-evaluation process.

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