1The High Council of Justice shall complete the evaluation of first instance and appeal court judges for the period 2007 – 2009 and 2010-2012 based on the existing rules prior to the entry into effect of this Law. Upon the completion of the evaluation process regarding these periods, the High Council of Justice shall publish the report in accordance with Article 98 of this Law within three months.

2Upon establishment of the Independent Qualification Committee and the Appeal College, the Councils shall support these bodies in carrying out the assessment of professional skills in accordance with the Law “On the Re-evaluation of Judges and Prosecutors in the Republic of Albania” by following the instructions and requests of these bodies. The assistance of these bodies shall have precedence.

3In parallel to the ethical and professional performance evaluation of the period 2007 – 2009 and 2010-2012, the Councils shall evaluate the magistrates for the period defined in the process of transitional re-evaluation of judges and prosecutors in the Republic of Albania.

4The Council shall select randomly the cases in accordance with the provisions of Article 91 of this law and analyse the documents selected by the subjects to be re-evaluated in the sense of law “On transitional re-evaluation of Judges and Prosecutors in the Republic of Albania”. The Council shall select randomly also 5 files of the subject of re-evaluation in the presence of the Independent Qualification Committee. The Council shall submit to the Independent Qualification Committee all the documents and an analysis report of documents selected by the re-evaluated subject, and 5 files selected randomly based on the requests of Independent Qualification Committee. The Council upon request of the Independent Qualification Committee shall submit further documentation. The Council shall follow the list by the order required by the Independent Qualification Committee.

5Following the assessment of professional skills accomplished by the Independent Qualification Committee in the frame of the re-evaluation process, the Independent Qualification Committee or the Appeal College, if the right to appeal is exercised, shall send the file with the self-evaluation of the magistrate, any other documents used in the proficiency assessment as well as the final decision of the re-evaluation process back to the Council. In case where the magistrate passes successfully the re-evaluation process, the Councils shall continue to do the ethical and professional performance evaluation of the magistrates by applying the provisions of this Law, to the extent possible, in order to determine the evaluation grades accordingly.

6The ethical and professional performance evaluation of a chairperson, in the quality of this function, shall be performed independently from the re-evaluation process and shall be carried out in parallel. The High Judicial Council and the High Prosecutorial Council shall, within three months after their establishment, approve the program listing the magistrates being evaluated in the capacity of the chairperson in accordance with this Law. In the preparation of this programme, the reports on the work of the chairpersons reviewed by the High Council of Justice pursuant to Article 30/1 paragraph 4 of the Law no. 8811, dated 17.05.2001 “On the organisation and functioning of the High Council of Justice”, amended, shall be taken into consideration.

7The evaluation period following the ethical and professional performance evaluation in the frame of the re-evaluation process shall be the period set out in Article 84 of this Law. The Council shall start the procedure for the ethical and professional performance evaluation for the respective period not later than in the calendar year following the last year which is covered by the previous evaluation period.

8The statistical data are processed by the courts or prosecution offices where the magistrate under evaluation exercises the duty and are submitted by the chairperson to the Councils until the Councils have direct access to accurate and secured statistical data in the electronic system of the case management in the courts and prosecution offices. The statistical data for the magistrate who is being re-evaluated, shall be send to the respective Council by the chairperson of the court or prosecution office, where the magistrate has served during the period regarding which the re-evaluation shall be accomplished. The Council shall decide by decision the time and procedures to obtain statistical data directly from the system.

9The indicator of the number of hearings per case shall be part of professional performance and ethical evaluation when statistics are provided electronically. If this is not impossible, this indicator shall be identified and evaluated only with regard to the cases selected by lots for evaluation and delay.

10Until the electronic lottery is available, the lot according to Article 91 of this Law will be filed in the minutes to be signed by all the attendees and incorporated in the evaluation file.