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

Article 39: Assignments of the Appointed Magistrate to Positions

1By the end of June in each year, after having completed the procedures on the lateral transfer and promotion, each Council shall announce the vacancies for the appointees.

2By the end of July in each year, each Council shall publish its decisions on the assignment of appointees to vacant positions as magistrates.

3Assignment of appointees having recently graduated at the School of Magistrates to positions is a priority and it must be based:

aon their ranking on the graduates’ list, in the sense of Article 34 of this Law,

bsubject to letter a), paragraph 3 of this Article and implementing it to the extent possible, on meeting preferences expressed by successful graduates from the initial training course.

4Following the assignment of appointees, according to the provisions of paragraph 3 of this Article, the assignment of re-appointed magistrates in the sense of Article 36 of this Law must be based:

afirstly, on the result of an assessment of the professional skills, as set out in Article 49 of this Law;

bsecondly, in case of equal professional skills, the criteria of professional experience shall prevail, referring to the years of experience in the judicial and prosecutorial system;

cthirdly, by way of meeting preferences expressed by the magistrates, abiding by the provision contained in letters (a) and (b) of this paragraph, to the extent possible.

5For being assigned to a position in the administrative courts, the appointee must have one and a half year of work experience in the public administration or having had the evaluation grade of ‘very good’ in the administrative law subjects at the School of Magistrates.

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