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

Article 160: Competent bodies in transition period

1Until the establishment of the High Judicial Council and the High Justice Inspector, the High Council of Justice and the existing inspectorates shall continue exercising the following competences according to the rules foreseen in this Law:

aappoint the candidate magistrates graduated in 2016 in line with Part III Chapter II of this law, at least 2 months after the entry into force of this Law;

btake decisions to assign to positions the candidate magistrates graduated in 2016 according to the Part III Chapter III of this law within three months from the entry into force of this Law;

ctake disciplinary measures upon proposal of the Minister of Justice based on the procedure and criteria foreseen in Part V, Chapter I of this Law;

çsuspend judges according to the procedure and criteria foreseen in this Law;

dmonitor the training of judges according to this law and the law “On the governance institutions of the justice system”;

dhconduct the performance evaluation as foreseen in the transitional provision of this law, including assistance in the transitional re-evaluation of judges, based on the law “On transitional re-evaluation of judges and prosecutors in the Republic of Albania”;

eimpose disciplinary measures on inspectors, based on the sublegal acts in force;

ëcertify the termination of appointment in case of resignation and reaching of the retirement age;

ftransfer judges provisionally in order to complete the judicial panels in courts.

2Until the establishment of the High Prosecutorial Council, the General Prosecutor shall continue exercising the following competences according to the rules foreseen in this Law:

aappoint the candidate magistrates graduated in 2016 in accordance with Part III Chapter II of this law at least two months after the entry into force of this law;

btake decisions to assign to positions the candidate magistrates graduated in 2016 in accordance with Part III, Chapter III of this law within three months from the entry into force of this law;

csuspend prosecutors according to the procedure and criteria foreseen in the law;

çsupervise the training of prosecutors according to this law and the law “On governance institutions of the justice system”;

dconduct the performance evaluation as foreseen in the transitory provisions of this law, including the assistance to the transitional re-evaluation of prosecutors based on the law “On transitional re-evaluation of judges and prosecutors in the Republic of Albania”;

dhcertify the end of appointment in case of resignation and reaching the retirement age.

3The assignment of magistrates to permanent positions, according to the provisions of this Law, shall be done upon establishment of the High Judicial Council and the High Prosecutorial Council.

4The High Council of Justice and the General Prosecutor may decide to temporary assign magistrates to positions in order to perform the tasks and functions in the justice institutions.

5Until the establishment of the High Justice Inspector, the High Council of Justice and the Prosecutor General shall investigate disciplinary misconduct through inspectors of the High Council of Justice and the General Prosecution Office, based on the procedure and criteria of Part V and the transitory provisions of this law.

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