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

Article 162: Transitory Provisions for the Serious Crime Courts

1The incumbent judges of the Serious Crimes Court of first instance or Serious Crimes Court of Appeal shall stay in office until the establishment of the special courts for the adjudication of the criminal offences of corruption and organised crime, unless there are reasons for the termination of the status of the magistrate in accordance with Part III Chapter VIII of this Law or as a result of the re-evaluation process in accordance with the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.

2The High Judicial Council shall assign incumbent judges permanently to the special courts for the adjudication of the criminal offences of corruption and organised crime upon their request, if:

athe judge passed successfully the re-evaluation procedure as established by the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania;

bmeets the criteria for promotion according to the definitions of Article 47 of this Law; and

cthe judge and his or her close family members give the consent to periodic reviews of their financial accounts and personal telecommunications in accordance with the Law “On the Organization and Functioning of Institutions for Combating Corruption and Organized Crime”.

3Where the re-evaluation process of an incumbent judge of the Serious Crimes Court has started in first instance by the Independent Qualification Committee, two weeks after the establishment of the High Judicial Council, upon a final decision, the High Judicial Council shall assign the judge temporarily to the respective level at the special courts for the adjudication of the criminal offences of corruption and organised crime, under the condition that he/she and the close family members give the consent to periodic reviews of their financial accounts and personal telecommunications in accordance with the Law “On the Organization and Functioning of Institutions for Combating Corruption and Organized Crime.

4Where against the temporarily assigned judge, by decision of the Independent Qualification Committee, a disciplinary measure is ordered in the sense of the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”, the temporary assignment ends, independent from whether an appeal is lodged or not.

5The incumbent judges attached to the serious crimes courts shall be transferred to other courts, if they or their close family members do not give the consent for the regular review of their financial accounts and personal telecommunications. The judge shall have the right to choose among three positions that are vacant according to the rules foreseen in Article 60 of this law.

6The incumbent chairperson of the Serious Crimes Court of the first instance and appeal shall stay in office until the election of the new chairperson of this special court unless there are reasons to terminate the appointment of the magistrate in accordance with Part III, Chapter VIII of this law or as a result of the re-evaluation process in accordance with the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania.

7The High Judicial Council shall promote without delay judges, who have passed successfully the re-evaluation process to vacant positions at the special courts for the adjudication of the criminal offences of corruption and organised crime, aiming at ensuring the minimum number of judges as set out for these courts in the Law “On the Organisation of the Judicial Power in the Republic of Albania”.

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