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

Article 47: Minimum criteria for professional experience for promotion

1“Promotion” means a move from:

aone position in the judicial or prosecutorial system to another position at a higher instance level;

ba position of general civil, criminal or administrative jurisdiction to a position at one of the special courts for the adjudication of the criminal offences of corruption and organised crime or the Special Prosecution Office;

ca position as magistrate to the position of a chairperson of the court or prosecution office;

ça seconded position or a position in the mobility scheme, to a position in a higher level than the position held prior to the secondment.

2The magistrates shall be promoted if they meet the following minimum criteria for the professional experience:

afor the position of a judge at the special first instance court for the adjudication of the criminal offences of corruption and organised crime, the magistrate must have assumed the function no less than seven years as judge, out of which at least 5 years as judge in the area of criminal justice or inspector at the Office of the High Justice Inspector, including even the experience as seconded magistrate;

bfor the position of an appeal instance judge at the Special Court of Appeal for the adjudication of criminal offences of corruption and organised crime, the magistrate must have assumed the function not less than ten years as judge, out of which at least five years as judge in criminal matters or inspector at the Office of the High Justice Inspector;

cfor the position of a prosecutor in the Special Prosecution Office, the magistrate must have assumed the function not less than ten years as prosecutor, including the experience as a seconded prosecutor.

3For all positions as set out in paragraph 1 of this Article, the magistrate shall further comply even with the other criteria and security conditions, provided for in the law “On the Organization and Functioning of Institutions for Combating Corruption and Organized Crime.

4In order to be promoted to a position as magistrate of any other court or prosecution office of appeal, a magistrate must have assumed the function no less than seven years in the first instance, out of which at least five years in the area of law relevant for the vacant position, including the experience as a seconded magistrate.

5In order to be promoted to a position as magistrate of the High Court or General Prosecution Office, a magistrate must have assumed the function not less than 13 years in a lower instance, out of which at least five years in the area of law relevant for the vacant position, including a period of experience as seconded magistrate.

6The magistrate may be promoted in office to the position of the chairperson of a court or prosecution office of first instance or appeal, if she/he:

ahas assumed the function not less than seven years as magistrate, during which at least four years at the same level, including the experience as a seconded magistrate,

b"embodies the indicators required for the organizational and management abilities, like: i. experience as deputy chairperson or chairperson of a section or press magistrate; ii. experience in leading positions in the public or justice administration, like an experience as member of a Council which expired at least three years ago; iii. insight in different organizational set ups and management styles, as magistrate in a mobility scheme or inspector at the Office of the High Justice Inspector; "

cmust not have been a member of a Council in the previous three years.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment