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

Article 55: Secondment of Magistrates to the Office of the High Justice Inspector

1Magistrates meeting the criteria to be appointed magistrate at the High Court or General Prosecution Office may be seconded to the Office of the High Justice Inspector.

2For the secondment procedure to fill a position as inspector, the Council shall, prior to preparing the opinion under the provisions of paragraph 4 of Article 54 of this Law, assess the candidates in accordance with the provisions of paragraphs 2 to 7 of Article 32 of this Law.

3A magistrate who is seconded as inspector shall be considered as magistrate promoted to the High Court.

4A magistrate may be seconded to the Office of the High Justice Inspector for a five years’ term. Following the expiry of the five years period, the inspector shall have the right to renew the term of secondment in case of having been awarded an evaluation grade of at least ‘very good’ in the ethical and professional performance evaluation as inspector.

5The High Justice Inspector may, three months before the expiry of the first secondment term of an inspector, submit a written request, including the necessary documents, to the Council for the inspector to be confirmed in the Office of High Justice Inspector. The Council shall confirm the inspector if he/she has been evaluated with at least ‘very good’ in the ethical and professional performance evaluation, and if the inspector has given the consent for the confirmation. Where no request is submitted in time, the secondment term of the inspector shall be considered as ended.

6Inspectors shall have the right to be assigned to a position at appeal level at the end of their secondment term, in case of having been awarded an evaluation grade of ‘very good’ in all ethical and professional performance evaluations as inspector.

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