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

Article 69: Evaluation Principles

1The evaluation scheme is based on and applied through the following principles:

aThe principle of independence, according to which the evaluation process shall not interfere with the independence of magistrates.

bThe principle of meritocracy and career development, under which the magistrate's evaluation is performed by giving utmost importance to professional values and to the quality of the work in order to develop the professional career.

cThe principle of efficiency, according to which the evaluation of the performance is conducted through a rapid process, through simple procedures and reasonable timeframes to provide timely information for the magistrates’ career.

çThe principle of due process, under which the evaluation procedure respects the standards of due process for the magistrate, including the right to be notified for the acts, the right of access to the evaluation file, the right to participate in the process, the right of adversarial proceedings, the right to be heard, the right to be defended, the right to have a reasoned decision on the evaluation and the right to appeal the decision on the evaluation.

dThe principle of confidentiality, according to which entities assigned with the task of the evaluation are obliged to maintain the confidentiality of the data of the magistrate under evaluation and the personal data according to the current legislation. These entities are exempt from this obligation only when the information is given to the magistrate under evaluation or to bodies legally entitled to request such information due to official duties.

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