"ON THE ORGANISATION OF THE JUDICIAL POWER IN THE REPUBLIC OF ALBANIA "   |   98/2016

Article 26: Chairperson and Deputy Chairperson of a Court

1The chairperson of a court is elected according to the criteria and procedure set out by the Law “On the Status of Judges and Prosecutors in the Republic of Albania” and shall have the competences set out by this Law.

2In the absence of the chairperson, the competences of the chairperson are exercised by the deputy chairperson.

3The deputy chairperson shall have at least five years of professional experience as judge, including at least three years at the same level. The deputy chairperson shall be elected for a non-renewable mandate of three years by the general meeting of judges.

4The decision of the general meeting of judges on the election of the deputy chairperson shall be taken by a majority of votes of the members present. All judges acting as judges or assistant magistrates at that court at the time of voting are members and shall have a duty to vote. The general meeting of judges is valid when at least two thirds of all members are present. In case of equality of votes, the judge with the longer professional experience as judge shall have precedence.

5The voting results shall be kept in a list with the ranked candidates for three years upon the voting date. In case the deputy chairperson is incapable to perform the tasks or ceases, for whatever reason, to be a judge of that court, the respective judge with the next highest votes ranked next in the list shall substitute him/her.

6The High Judicial Council shall establish more detailed rules on the procedure of the election of a deputy chairperson.

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