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

Article 28: The Functioning of a Court Council

1A Court Council shall be presided by the chairperson.

2The chairperson of the Court Council shall convene the meetings of the Court Council without delay in any case the Council has to fulfil the tasks as set out by this Law, ex-officio or upon a written and reasoned request of any member of the Council. The chairperson shall, at the latest three days before the meeting, notify the members on the date, venue, and agenda, sending them materials and draft decisions to be considered.

3In case the agenda includes a decision making, the material shall include also a draft decision with the proposed legal reasoning.

4In special cases, upon the request of any member and with the consent of all members, the Court Council may discuss and decide upon a topic, which is not included in the agenda.

5The Court Council meetings shall be recorded and the records shall be transcribed within five days upon the conclusion of the meeting. The members of the Court Council shall confirm the accuracy of the transcript of the minutes by signing it.

6The Court Council, when reviewing a draft decision, shall decide on:

aIts adoption;

bAdoption with changes that shall be included immediately into the draft;

cElaboration of a new draft that is to be decided upon in the next meeting.

7The decisions of the Court Council shall be taken by a majority of the members, who must all be present in the meeting. A decision shall be signed by all members of the Court Council.

8A resume of the minutes, which shall reflect the main discussion points of each topic of the agenda and the voting of each member shall be published on the oficial website of the court. The members shall bear the responsibility for their vote regarding the manner they perform their tasks as members of the Court Council.

9The High Judicial Council shall adopt more detailed rules of procedure on the procedure of functioning of the Court Council meeting.

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