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

Article 26: Reduction of Work

1A magistrate is, in cases of need, entitled to a reduction of the workload due to one of the following reasons:

atemporary illness for a limited period of maximum two years;

bstudies beyond the training at the School of Magistrates for a limited period of maximum 3 years.

2The case reduction may amount to up to 75% of the workload, depending on the circumstances.

3The Councils may grant the reduction of the magistrates’ caseload after having the opinion of the chairperson, if the following conditions are met:

ain the instance provided for in paragraph 1 letter a), the illness of a magistrate requires a reduction of work load based on an opinion of the medical commission on determining the ability to work;

b"in the instance provided for in paragraph 1 letter b) i) the studies are apt to increase the magistrates’ professional skills, and ii) if the reduction does not conflict with essential office interests, timing and assuming sufficiently the official duties in the court or prosecution office. "

4The Councils shall adopt more detailed rules, which set out

athe procedure to be followed for applications for reduction of the caseload; in particular, detailed regulation for the evidence required to be adduced in support of an application;

bin instances where the application is admitted, rules about the reduction of salary and other benefits, based on reasons as set out in letter a), paragraph 1 of this Article, following the principle of non-discrimination and proportionality by taking into account that the need for a reduction of the workload, incurred by a circumstance outside the will of the magistrate;

cprovision about the reduction of salary and other benefits in the case of successful applications based on reasons as set out in letter b), paragraph 1 of this Article, following the principle of non-discrimination and proportionality;

çprovisions for determining the period during which a reduction is to have effect;

dtransitional provisions about the transfer of a part of a magistrate’s caseload, where an application is granted.

5The reduction of the salary and other benefits shall, under no circumstances, exceed 75%.

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