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

Article 97: Evaluation upon Request

1In the case of a request for transfer or promotion and where the last evaluation dates back to a period of more than two years, an accelerated evaluation procedure shall be carried out upon a request of the magistrate. The accelerated evaluation procedure shall, in accordance with the rules set out in this Law, be conducted to the extent possible.

2The period of the accelerated evaluation procedure shall be for the period spanning through the last full calendar year. The Council shall approve the program determining the magistrates being evaluated in accordance with this procedure, prior to making the decision on the promotion or transfer of the magistrate.

3In the evaluation under this procedure, six cases of the magistrate for the general evaluation shall be selected by lots, two judicial decisions or acts drafted by the prosecutor shall be submitted, while not more than three cases shall be evaluated, which the magistrate has completed beyond the standard timing.

4The period of time to complete the evaluation draft report shall be two months since the submission of the evaluation acts by the chairperson.

5The Council shall decide on the evaluation of the magistrate in the next meeting upon notification of the draft evaluation report to the magistrate.

6Where an evaluation decision of the Council determines an evaluation grade less than ‘good’ the magistrate shall have the right to appeal against the decision of the Council within 15 days from the notification of the decision to the competent court only regarding questions of law or arguments of non-consistent implementation of the law.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment