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

Article 35: Appointment of graduated candidate magistrates

1The graduate shall be appointed magistrate if he meets concurrently the following criteria:

ahaving graduated from the initial training at the School of Magistrates with a score of at least 70% of the maximum reachable scores;

bhaving achieved evaluation scores of at least ”good” in each of the assignments during the professional internship in the third year of the initial training;

chaving passed the asset declaration and background check, carried out by the Councils in accordance with the provisions in paragraphs 2 to 6 of Article 32 of this Law.

2A graduate may apply for appointment as magistrate following an invitation in accordance with Article 39 paragraph 1 of this Law, within the period of two weeks beginning with the date of the publication of the graduates’ list. For justified reasons a graduate may apply to be appointed also in the following year.

3A candidate judge may, by notice in writing to the Council, apply for appointment as a judge. The request shall contain, in a preferential list, three courts where the graduate seeks to be appointed. A candidate for prosecutor may by notice in writing to the Council apply for appointment as a prosecutor. The request shall contain, in a preferential list, three prosecution offices where the graduate seeks to be appointed.

4Within the period of one month as of the date of the publication of the graduates’ list the Councils shall:

aappoint as magistrate, each person who appears in the graduates’ list, who satisfies the criteria for appointment, as well as has applied under the provisions of paragraph 2 and 3 of this Article,

breject appointing as magistrate any person who appears on the graduates’ list and having submitting the request under points 2 and 3 of this Articles, however, not satisfying the criteria for appointment.

5The Council shall approve more detailed rules regarding the reasons justifying putting up the candidacy in the upcoming year under the provisions of paragraph 2 of this Article.

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