1The advisor of the judge of the Constitutional Court and the High Court, the legal assistants of the General Prosecution Office and administrative courts as well as inspectors at the High Council of Justice without the status of the judge or prosecutor are subject to the re-evaluation process in accordance with the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.

2The persons listed in paragraph 1 of this Article shall continue transitionally to stay in office in accordance with the legal provisions applicable before the entry into force of this law, unless their employment relationship ends for legal reasons 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”.

3Former advisors of the Constitutional Court and of the High Court with at least five years full time professional experience in the area of law, including at least three years of experience as advisor of the judge or legal assistant in these courts, may request to undergo the re-evaluation process in accordance with the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.

4Persons listed in paragraph 1 and 3 of this Article, who reach at least 60% of the scores of the proficiency test at the School of Magistrate as set out in the Law “On the Transitional Re-evaluation of Judges and Prosecutors “ shall have the right to:

aattend a one-year theoretical training program at the School of Magistrates,

bbe assigned within 1 month after the end of the training program for one year to a professional internship in different courts or prosecution offices, by applying where appropriate Article 33 of this Law to the possible extent;

creceive during this training period of two years in the sense of letter a) and b) of this paragraph the payment equivalent to the salary of the legal assistant, inspector or advisor of the judge.

5The legal assistants, inspectors and advisor to the judge in the sense of paragraph 4 of this Article shall take part in the final examination at the end of their first year at the School of Magistrates. They shall be assigned to the professional internship and evaluated during the professional internship in accordance with Article 33 of this Law.

6At the end of their two years’ training, the legal assistants and inspectors and advisors to judges in the sense of paragraph 4 of this Article shall be ranked according to the results in the final examination at the end of their first year, and the evaluation of the ethical and professional performance evaluation during their professional internship. They shall be included in the ranking list and they shall be appointed as magistrates according to the provisions of this law, if they obtain at least 70% of the maximum scores at the final exam at the end of the first year, and have been evaluated at least ‘good’ in each of the assignments during the professional internship.

7The School of Magistrates shall adopt rules on the procedure and the conditions for the participation in the final exam, the curricula and the participation in the training courses.

8Where the legal assistant, inspector and advisor to the judge in the sense of this Article pass successfully the re-evaluation process, the employment relationship shall end at the day of the beginning of the training at the School of Magistrates in the sense of Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”. The same rule applies even to those whose re-evaluation is not yet completed however have successfully passed the testing of professional skills at the School of Magistrates in the sense of the Law “On the Transitional Re-evaluation of Judges and Prosecutors”. Where re-evaluation institution issues a decision imposing the measure of dismissal, the training programme attendance shall be interrupted and the subject shall be dismissed from the training programme.

9Where the incumbent legal assistant, inspector or advisor to the judge passes successfully the re-evaluation process, but is not following the career path of a magistrate he or she shall be entitled to a position as civil servant in the prosecution system or as judicial civil servant in the judicial system that fits best to his current profile and for which he or she fulfils the criteria. The request for assignment to a position shall be submitted respectively to the High Judicial Council or the High Prosecutorial Council within one month after the publishing of the results of the exam at the School of Magistrates. In such a case the employment relationship of the incumbent legal assistant, inspector and advisor to the incumbent judge ends on the date of the submission of the application. This rule shall not apply to legal advisors to the Constitutional Court and the High Court who continue to remain in office if they pass successfully the re-evaluation process according to the legal provisions.