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

Article 168: Transitory Provisions for Inspectors with the Status of Judges of the High Council of Justice

1Incumbent inspectors and the Chief Inspector, who have the status of judges and exercise the functions at the High Council of Justice on the date of the entry into force of this Law shall be considered magistrates and the provisions of this Law shall apply in relation to them. They shall be subject to the process of re-evaluation in accordance with the Law “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.

2The inspector shall continue to perform the function according to the previous mandate, unless there are grounds for the termination of appointment as the magistrate in accordance with Part III, Chapter VII 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”. The incumbent inspector according to this Article, whose mandate ends before the establishment of the Councils has the right to return to the previous position or continue to remain in office even 6 months after the establishment of the Councils. He or she has the right to apply in the procedure for the lateral transfer and promotion in the sense of this law.

3Incumbent inspectors in the sense of this Article who are assigned mainly for conducting disciplinary investigations shall continue exercising the function of the inspector in the High Council of Justice and they shall be considered seconded to the Office of the High Justice Inspector at the time of the establishment of the High Justice Inspector. The incumbent inspectors who are assigned mainly to carry out the ethical and professional performance evaluation shall be considered seconded to the High Council of Justice and respectively to the High Judicial Council, in order to assist the Council in the function of ethical and professional performance evaluations.

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