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

Article 17: Home Loan

1The magistrate shall, during the exercise of the function and after having exercised the function at least three years, be once entitled to benefit a state funded home loan, at the amount of an average value of an apartment of 50 m² in a central area of the town, where the magistrate exercises the function.

2Per family member in the sense of paragraph 5 of this Article living in the household with the magistrate, the reference size of the apartment surface shall be increased per 10m² per person. In case two persons in a household are entitled to a state funded home loan, this shall be benefited only by one of them.

3The apartment purchased on loan shall be placed as bank collateral for securing the loan.

4The magistrate shall be entitled to use the property for satisfying his/her own accommodation needs or the accommodation needs of his/her family. The magistrate shall be entitled to sell the property during the time of loan depreciation and to purchase another apartment. In case the sale proceeds are higher than the increase of the commercial value of the property, the exceeding amount shall be repaid to the state. The magistrate shall not be entitled to rent out the apartment obtained by loan.

5The magistrate shall be obligated to reimburse the state for the amount received and the interest rate, in case the disciplinary measure of dismissal from office has been imposed on him/her.

6Where the magistrate or his/her spouse, partner or child below 18 years old, owns a property at freehold accommodating the housing needs or where they have sufficient wealth to purchase such a property, they shall not be entitled to a home loan under this Article.

7The Council of Ministers shall approve the constitutive legislation regarding the agreements with banks on the loan scheme, which shall contain the criteria and conditions for the loan contract, as well as the liability of the state regarding the borrowing interest. The Council of Ministers shall adopt more detailed rules on the procedure of being granted a home loan and the terms and conditions the magistrate has to fulfil in accordance with the provisions of this Article.

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