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

Article 67: Physical and Mental Incapacity of a Magistrate

1Upon notification the Councils shall investigate into the cases of physical or mental incapacity of a magistrate, requiring the dismissal from the function or temporary suspension of a magistrate.

2The Councils shall authorize an expert’s commission to deliver a specialised opinion about the magistrate’s incapacity.

3The magistrate has the right to access the file, to be represented by a lawyer and to be heard.

4The Council shall temporarily suspend or terminate the magistrate’s status if it comes to the conclusion that the physical or mental conditions of the magistrate make the magistrate temporarily or permanently inappropriate for the office.

5The Council shall decide the reinstatement of the dismissed magistrate, as long as his incapacity no longer exists.

6The magistrate shall enjoy pension rights and other benefits surrounding his dismissal from function under this Article.

7A decision of the Council under this Article may be appealed by the magistrate, in accordance with the provisions of this Article.

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