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

Article 49: Appointment of non-judge candidates to the High Court

1One fifth of the judges at the High Court may be renowned jurists, having a scientific degree in law, with not less than 15 years’ experience as advocates, law professors or lectors, senior jurists in the public administration or other fields of law.

2The non-judge candidates for positions at the High Court shall:

afulfil the criteria as set out in Article 28, letter a), b), d), dh), ë) and f) of Article 28 of this Law;

bnot have had political functions at the public administration or leadership positions in the political parties during the last ten years before the candidacy;

3The candidate being knowledgeable of one a language of a Member State of the European Union shall have priority in evaluation.

4The High Judicial Council shall publish the call for submission of applications, in accordance with the provisions of Article 48 paragraphs 4 and 5 of this Law.

5The Council shall assess the fulfilment of the criteria as set out in paragraph 2 of this Article and verify the candidates under the provisions of paragraphs 2 to 7 Article 32 of this Law. Applicants who do not fulfil the criteria or who do not pass the asset declaration and background check shall be exempted from the procedure.

6The High Judicial Council shall assess the professional skills of the candidates fulfilling the legal criteria based on the following indicators:

aspecial expertise of the candidate in a specific field of law required according to the vacant position announcement;

bassessment of the work of the candidate, which includes at least 5 legal documents produced by the candidate during the professional work of the past 5 years, any scientific publications and academic articles in the field of law;

cevaluation results of higher education in law, the initial training program, the performance during a professional work or any other training;

çlanguage skills as demonstrated by certificates and during the interview.

7Following the assessment of the professional merits, the Council shall establish a shortlist of only the best ranked eligible candidates who shall be invited for an oral interview in order to get further information on the criteria set out in paragraph 8 of this Article.

8The Councils shall rank the applicants following the assessment of the professional merits and the interview by reference to:

afirstly, to the results of an assessment of the professional skills, as set out in paragraph 6 of this Article; and

bsecondly, in case of an equal assessment of the professional merits, by reference to the years of professional experience relevant for the vacant position.

9The High Judicial Council shall establish a written appointment proposal. The proposal shall be reasoned in relation to the fulfilment of legal requirements and ranks the eligible candidates based on the criteria provided in paragraph 8 of this Article.

10The proposal decision may be subject to an appeal. The rules contained in Article 41 paragraphs 2 to 4 shall apply mutatis mutandis. The Council shall make public the final decision of proposal on its official website.

11The President of the Republic appoints the highest ranking judge in accordance with Article 136 paragraph 2 of the Constitution.

12The Council shall establish more detailed rules, which sets out:

acriteria for the evaluation of experience in specific fields;

bcriteria and procedure for the assessment of the professional merits;

cthe procedure to be followed in cases of equality of scores.

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