"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   96/2016

Article 120: Criteria for Admissibility of Complaints

1Complaints shall be admissible, if the following criteria are fulfilled:

ais submitted in the form of a complaint as set out in paragraph 2 of this Article.

brefers to facts occurred within the applicable statute of limitation for disciplinary investigation.

cdoes not contain abusive elements, is not obviously ungrounded, or repeated complaints from the same complainant.

çrelates to a conduct of magistrates serving in office at the time where the alleged misconduct occurred.

drelates to a conduct of magistrate qualified as a disciplinary misconduct by the applicable law at the time the alleged misconduct occurred.

dhrelates to a conduct of the magistrate, which, if proved to have occurred, would constitute a disciplinary misconduct provided in the law.

2The complaint shall be submitted in written form and must contain the following information:

athe personal data and the address of the complainant and whether the complainant is requesting keeping the identity confidential;

bpresentation of facts and circumstances having allegedly occurred;

cname and surname of the magistrate, the court or prosecution office, in which the magistrate served at the time when the alleged misconduct occurred.

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