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

Article 54: Secondment Procedure

1Any secondment institution in the sense of Article 53 paragraph 2 of this Law, where the magistrate is seconded, may request any Council for the secondment of magistrates for a specific time period, however, not exceeding five years.

2The Council shall, after assessing its needs and within two weeks after the submission of the request for applications from the institutions in the sense of Article 53 paragraph 2 for filling the seconded positions, announce the demand for candidacies for filling these positions.

3The Councils admit the applications from magistrates who fulfil the criteria for the secondment position, through a call, which shall be published at least on the Council’s website, must contain information on the vacancy and must specify:

athe deadline for applications which must be not less than two weeks after the date of the invitation,

bthe information and documents to be attached to an application,

cthe procedure for applications and venue where the application has to be submitted.

4The Council shall, within two weeks after the deadline for applications, establish an opinion for every candidate and provide an assessment whether the secondment is in compliance with essential interests of the court or prosecution office where the candidate exercises the functions. The opinion for every candidate shall be published in the official site of the council. The candidate, whose secondment is not in compliance with the essential interests of the court or prosecution office shall be excluded from secondment. The Council shall, within two weeks after the end of the application deadline, send the applications of candidates who fulfil the criteria for the position for which they are applying to the secondment institution.

5The secondment institution shall assess the applications and requests for the secondment of the magistrate selected for a certain period of time.

6The Council shall issue a decision on the secondment of the magistrate within two weeks upon receiving the request according to paragraph 5 of this Article. The decision shall determine the terms of the secondment.

7Where the request is submitted by other institutions than those foreseen in Article 53 paragraph 2 of this Law, the Council may second the magistrate to these institutions, where appropriate, if the secondment is in the public interest and does not prejudice the time limits and the efficient exercise of functions.

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