"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "

Number 96/2016 Date of Adoption 06/10/2016 Enforcement Date 22/11/2016

NOTE: This version of the Law does not reflect the Constitutional Court Decision no. 34 dated 10.04.2017. This decision entered into force on 18.04.2017 and repealed as incompatible with the Constitution of the Republic of Albania the following provisions: Article 8; Article 9, paragraph 1, letter “c”, last sentence, and paragraphs 7 and 8; Article 23, paragraph 10; Article 26, paragraph 4, letter “b”; Article 44, paragraph 1, letter “c”; Article 64, paragraph 5; Article 78, paragraph 3, phrase “if the chairperson did not evaluate the magistrate overall as ‘inacceptable’” and paragraph 5, letter “b”, last sentence; Article 95, paragraph 7, phrase “with lower grade less than “good”; Article 101; Article 102; Article 103; Article 104; Article 112, paragraph 1; Article 141, paragraph 1, phrase “so far as it does not endanger” and letters “a”, “b” e “c” of this paragraph; Article 152; Article 161, paragraph 2, phrase “in compliance with Part III, Chapter VIII of this Law” and paragraph 3; Article 162, paragraph 1, phrase “compliance with Part III, Chapter VIII of this Law” and paragraph 6, phrase “compliance with Part III, Chapter VIII of this Law”; Article 164, paragraph 1, letter “a” and paragraph 2; Article 167, paragraph 3, letter “b”, phrase “compliance with Part III, Chapter VIII of this Law”; Article 168, paragraph 2, phrase “compliance with Part III, Chapter VIII of this Law”; Article 169, paragraph 5, last sentence and paragraph 6 of this Article.

Legal Basis

Based on Articles 81 and 83, paragraph 1, of the Constitution, on the proposal of a group of Members of the Assembly,

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Table of Content

  1. PART I : GENERAL PROVISIONS
  2. PART II : RIGHTS AND OBLIGATIONS OF MAGISTRATES
    1. CHAPTER I : FUNDAMENTAL VALUES AND GENERAL RIGHTS AND OBLIGATIONS
    2. CHAPTER II : INCOMPATIBILITIES, LIMITATIONS AND OTHER ACTIVITIES
    3. CHAPTER III : SALARIES AND OTHER FINANCIAL AND SOCIAL BENEFITS
    4. CHAPTER IV : LEAVE AND REDUCED WORKING TIME
    5. CHAPTER V : OTHER RIGHTS
  3. PART III : CAREER DEVELOPMENT OF MAGISTRATES
    1. CHAPTER I : RECRUITMENT OF CANDIDATE MAGISTRATES
    2. CHAPTER II : APPOINTMENT OF MAGISTRATES
    3. CHAPTER III : ASSIGNMENTS TO POSITIONS
    4. CHAPTER IV : TRANSFER
    5. CHAPTER V : PROMOTION
    6. CHAPTER VI : SECONDMENT
    7. CHAPTER VII : LIMITED MANDATE
    8. CHAPTER VIII : END OF STATUS OF A MAGISTRATE
  4. PART IV : EVALUATION OF A MAGISTRATE
    1. CHAPTER I : GENERAL PRINCIPLES
    2. CHAPTER II : CRITERIA, SOURCES AND GRADES OF EVALUATION
    3. CHAPTER III : EVALUATION PROCEDURE
  5. PART V : DISCIPLINARY, CRIMINAL AND CIVIL LIABILITY
    1. CHAPTER I : GENERAL PROVISIONS
    2. CHAPTER II : INVESTIGATION PROCEEDINGS
    3. CHAPTER III : INITIATION OF DISCIPLINARY PROCEEDINGS
    4. CHAPTER IV : EXECUTION AND REGISTRATION OF DISCIPLINARY MEASURES
    5. CHAPTER V : SUSPENSION
    6. CHAPTER VI : CRIMINAL AND CIVIL LIABILITY
  6. PART VI : FINAL AND TRANSITORY PROVISIONS