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

Article 9: Extra-Office Activity

1A magistrate may undertake an extra-office activity only if these activities:

aare consistent with the dignity of the exercise of the function;

bdo not to lead to a perception of bias or partiality in the performance of the function;

cdo not conflict with essential office interests, thus not impacting the timing and efficient fulfilment of the functions. In any case, the remunerated extra-office activity, including the preparatory work for carrying out this activity, shall not exceed 200 hours during and beyond the office hours per year;

çdo not conflict with the purpose wherefore the workload has been reduced;

dif the remuneration for the extra- office activity includes any kind and form of payment, financial reward or compensation that does not exceed normal commercial terms,

dhare not incompatible with the exercise of the magistrates’ function or is not prohibited according to this Law.

2The magistrate shall, except in the event of scientific publications or training, be prohibited to use the title of the magistrate beyond his function, while taking the measures that also third parties do not use his title in these activities.

3A magistrate may write, publish, lecture, teach on legal issues and participate in activities concerning the legal issues, the legal system, the administration of justice or related matters, in accordance with the provisions of paragraph 1 of this Article.

4Before starting the accomplishment of a remunerated extra office activity under the provisions of this Article, the magistrate shall notify the Council and submit the necessary documentation on:

adescribing the nature and duration of the extra office activity;

bestablishing the remuneration rate for these activities;

cestablishing the workload at the court or prosecution office, the overall workload at the court or prosecution office and the timely delivery of the duties in the previous twelve months.

5Before accepting an assignment to undertake a remunerated extra office activity, the magistrate must obtain the consent of the relevant Council.

6The Council shall decide within three weeks upon receipt of the request and the complete documentation and grant the consent if the proposed activity, and any remuneration for its performance, satisfies the requirements of paragraph 1 and this Article. If the Council does not express itself by way of a decision within three weeks upon receiving the request and the complete documentation and neither notifies the interested person, or does not make a decision to extend the time period, the request shall be deemed approved, in accordance with the provisions of the Administrative Procedure Code.

7A magistrate shall notify the chairperson on non-remunerated extra-office activities which do not fall under the scope of powers of the Council, where the magistrate:

aacts as representative of the judicial system or the prosecution service;

bmakes general public statements about matters that affect the judiciary or the prosecution service;

cparticipate in discussions on questions of law.

8The chairperson shall report annually to the respective Councils at least on the nature and number of hours on the non-remunerated extra office activities of a magistrate of the respective court or prosecution office.

9The Councils shall, within January each year, publish on the official website and forward a grounded written report on the remunerated extra-office activities of magistrates, including the remuneration or reward, benefited during the preceding calendar year and the respective market worth to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interests and the tax administration authorities. The respective institutions shall co-operate with the Councils for the determination of the normal commercial rates.

10Based on the principle of equity and proportionality, the Council shall establish more detailed rules on the extra office activities.

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