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

Article 90: Creation of the Evaluation File

1Within two weeks upon receiving the evaluation act, the evaluation file shall be created containing the following:

aEvaluation acts submitted by the chairperson;

b"Summary of the statistical data in the case of evaluation of judges on: i) The number of cases adjudicated by the judge as reporting judge, the number of cases adjudicated as member of the adjudication panel, number of cases in which the judge has been temporarily transferred and has assumed the function at another court. Such data should be categorized according to the nature of the cases; ii) time spent on trials of cases, compared to the minimum time standards and the number of cases adjudicated beyond the minimal standard time; number of judicial hearings for every case and the clearance rate of the judge in settling the cases and time of reasoning of each decision; iii) Other statistical data as determined by the Council; "

c"Summary of the statistical data in the case of evaluation of prosecutors on: i) The number completed, suspended cases or sent for trial, number of security measures and execution orders. Such data should be categorized according to the nature of the cases; ii) Data linked to the time spent on handling preliminary investigations and final investigation compared to the minimum standard timing and the number of cases completed beyond the minimal time standard; number of extension of time periods for investigations, time spent on executing judicial decisions and observation of time periods set in judicial decisions; iii) Other statistical data as determined by the Council; "

çdata on the verification of the complaints referring to the magistrate during the evaluation period, on the inspection of the activity of the magistrate or the court or prosecution office, as well as on final decisions regarding disciplinary measures against the magistrate, which entered into force within the evaluation period or reports of High Inspectorate for the Declaration and Audit of Assets;

dNumber of cases where the magistrate has been recused on grounds of conflict of interest upon request of the parties;

dhCases selected by lot for the evaluation;

eDocumentation provided by the School of Magistrates.

2Any acts gathered under the evaluation procedure pursuant to this Law shall be incorporated into the file and listed into a report, which analyses in detail and structuring the data.

3The magistrate shall have the right to have access to the evaluation file and to receive copies of acts or their extracts at any time.

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