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

Article 166: Transitory Provisions for Former Judges and Former Prosecutors

1Persons, who have graduated at the School of Magistrates and have acted at least three years as magistrates; or persons who have acted at least nine years as magistrate within the last 20 years, including as judge at an international court, High Court and Constitutional Court shall be entitled to participate in the re-evaluation process.

2Persons listed in paragraph 1 of this Article shall meet the following criteria:

ahave not been dismissed on grounds of disciplinary misconduct or criminal offences;

bhave not held a political position in the public administration or a leadership position in a political party in the last past ten years before the entry into force of this law;

chave not been a member, collaborator or favoured by the State Security before 1990;

çhave not been collaborators, informants, or agent of any secret service.

3Within two years after successful completion of the re-evaluation procedure, the persons listed in paragraph 1 of this Article shall be re-appointed as magistrates. They have the right to be assigned to a position for which they fulfil the requirements as set out in Article 47 of this Law and apply in the promotion procedures to positions of magistrates or to any secondment position or a position reserved to magistrates.

4The professional experience in the justice institutions, whereto the magistrates may be seconded as set out by this law, shall be considered as professional experience as magistrate.

5Where the subjects foreseen in paragraph 1 of this Article were not subject to ethical and professional performance evaluation, they shall be subject to a professional assessment in the sense of Article 49 of this Law.

6A member of the appeal chamber shall be appointed judge at appeal level upon the end of the mandate, unless a disciplinary measure is imposed against him during the performance of the function.

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