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

Article 32: Assets and Background Checking

1The candidates with the highest scoring on the published list as set out in the provisions of Article 31 of this Law, who are likely to be admitted to the initial training of the School of Magistrates, shall be subject to a thorough asset and background checking.

2Within one week after the publication of the list according to Article 31 of this Law, the Councils shall request for each applicant, as set out in paragraph 1 of this Article, information from competent institutions for the verification of assets and background check regarding any other disqualifying ground from the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest, prosecution office, financial, tax and customs authorities, National Bureau of Investigation, state intelligence institutions and any disciplinary authorities having supervised the discipline in the labour relations of the candidate. If deemed necessary, the Councils may request additional information from the institutions referred to in its paragraph.

3Any public body or any natural or legal person shall comply with requests of the Councils for information, documents, or other materials related to an inquiry, except as otherwise restricted by law, within reasonable time limits set out by the Councils in their requests.

4In any case, the applicant shall not be admitted to the School of Magistrates if:

athe report of the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interest shows that the legitimate financial sources of the candidate do not justify his/her assets and she/he has not declared property or assets or has provided a false or a non-accurate declaration of the assets;

bthe reports of the National Bureau of Investigation or the State Intelligence Service show that the candidate has any connections to the organized crime according to the provisions of the law “On the organization and functioning of institutions for combating corruption and organized crime”;

cany other disqualifying ground, as provided by law, exists.

5At the latest by 5th of September each year, the Council shall decide on the eligibility of the applicants based on the information received on the results of the asset and background check.

6Applicants shall have the right to inspect the file and lodge, within five days, an appeal to the competent court against the decision of the Council. The competent court shall decide on the appeal within two weeks of its submission.

7Upon completion of the asset and background check, the Councils shall, by the end of September each year, approve and publish the final list of candidate magistrates admitted to the three years initial training of the School of Magistrates, in accordance with the number of candidates as determined in accordance with Article 29, and by following strictly the ranking of candidates according to the list as set out in Article 31, paragraph 2, of this Law.

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