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

Article 169: Transitory Provisions for the Rights and Obligations of Magistrates

1Unless otherwise provided in this Article, the Part on the Rights and Obligations of Magistrates shall be applicable upon entry into force of this Law.

2The magistrate is obliged, within 3 months after the establishment of the High Judicial Court and High Prosecutorial Court, to take the measures to fulfil the requirements in regard to the incompatibility and limitations of office in accordance with Article 6 and 7 of this Law.

3A magistrate shall notify any situation of environmental incompatibility within one month from the establishment of the respective Councils.

4A magistrate shall notify of extra office activity which is subject to a permit in accordance with this law within one week from the entry into force of this law if he continues performing this task and applies for a permit for upcoming extra office activities without delay.

5Part II Chapter III of this Law on the salary and other benefits shall be applicable only for magistrates who passed successfully the re-evaluation procedure as set out by Law “On the Re-evaluation of Judges and Prosecutors in the Republic of Albania”, however in no case earlier than starting from 1 January 2019. Exemption from this rule applies to magistrates in institutions fighting corruption and organised crimes which receive salaries and other benefits according to this law with the permanent assignment to this position. During the re-evaluation procedure with regard to salaries and other benefits, a magistrate who was not yet re-evaluated shall be subject to the legal provisions applicable before the entry into force of this Law.

6A magistrate who has passed the re-evaluation process after 1 January 2019 shall be entitled to receive within 3 months after the final decision on the re-evaluation procedure the difference between the salary and other benefits provided by provisions applicable before the entry into force of this law and the salary and other benefits as set out in this law.

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