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

Article 141: Rights and Obligations of Parties during the Disciplinary Proceeding

1During disciplinary proceedings, the magistrate or his/her representative shall be provided access to the file, so far as it does not endanger:

athe legal interests of the parties or third persons;

bthe functions of the deciding body,

cthe purpose of the proceedings.

2A magistrate who is informed that a disciplinary proceeding has been instituted against him, he/she must at the same time be informed of the rights:

ato submit a written defence within a specified time;

bto attend any hearing;

cto call witnesses who may provide information of significance to the case;

çto present documents;

dto take other measures for the purpose of providing evidence in support of his or her defence;

dhto be represented under the provisions of the Code of Administrative Procedures,

erecover his/her legal costs reasonably incurred in cases where no disciplinary measure is imposed.

3The Council may request the magistrate to submit information, documents or any evidence and to attend hearings.

4The parties have the right to be notified on any decision of the Council within 5 days upon being made.

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