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

Article 41: Rights and Obligations of Appointees

1An appointee shall accept a position offered in accordance with Articles 39 and 40 of this Law, including:

aa position which is not in accordance with the appointee’s stated preferences,

ba secondment position.

2An appointee has a right of appeal against a decision on the assignment. The appeal does not suspend the implementation of the decision. The competent court shall decide within two weeks as of the appeal day. The decision of the competent court shall be final.

3A Council’s decisions on the assignment in accordance with this Article shall become final if:

ano appeal has been lodged within the appeal period;

ban appeal was lodged in time and the court decided terminating the case or rejecting the appeal;

can appeal was lodged in time and based thereon the final judicial decision was rendered.

4In case the court acknowledges the appeal and repeals the Councils’ decision, the latter shall, within two weeks of the notification of the judicial decision, revise the decision on the assignment of the appointee, to the necessary extent for implementing the decision of the court.

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