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

Article 135: Joint Consent Agreement

1The High Justice Inspector and a magistrate may at any time agree upon a Joint Consent Agreement related to the disciplinary misconduct attributed to the magistrate.

2The parties may agree as to which disciplinary misconduct the magistrate will admit, and on an appropriate disciplinary measure.

3The parties shall establish in writing and sign the Joint Consent Agreement which shall be submitted to the respective Council.

4The Agreement shall contain:

aa summary of the facts and the misconduct admitted by the magistrate;

bthe disciplinary measure the parties have agreed on;

c"a statement that the magistrate is aware that the Agreement is subject to the approval of the Council. "

5The Council shall accept the Agreement by a reasoned decision if:

athe agreement is signed by all parties and contains the elements provided for in paragraph 4 of this Article;

bif it turns out that the magistrate has understood the agreement and its content and if he/she has given the consent in writing by his/her own free will;

cthe major and supplementary disciplinary measures on which the High Justice Inspector and the magistrate have agreed on are in compliance with this Law.

6The respective Council shall reject the agreement by a reasoned decision if:

athe agreement is not signed by all parties or does not contain the elements provided for in paragraph 4 of this article;

bthe duly summoned magistrate does not attend the hearing and fails to justify his absence;

cthe evidence collected obviously contradict the magistrate’s confession of having committed the disciplinary misconduct;

çthe main and supplementary disciplinary measures on which the High Justice Inspector and the magistrate have agreed on are not in compliance with this Law;

dthe magistrate has been coerced to admit the Agreement; or

dhthe magistrate withdraws the consent for the Agreement.

7If the Council accepts the Agreement, it shall be considered as final decision in the disciplinary proceeding, which is not subject to an appeal.

8If the Council rejects the Agreement, any statement made by the parties concerning the disciplinary misconduct in the framework of drafting the Agreement and before the Council in the hearing to admit or reject the Agreement, cannot be used in favour and against any of the parties.

9In case the Agreement is rejected, the High Justice Inspector may initiate or continue with the disciplinary investigations against the magistrate, within one month of the date of rejection of such Agreement.

10In case the High Justice Inspector fails to comply with the deadlines set out in paragraph 9, of this Article, the magistrate shall be entitled to appeal the administrative omission of the Inspector to the relevant Council.

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