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

Article 34: Legal Service Unit

1A Legal Service Unit shall be functioning at the High Court.

2It carries out advisory and supporting activity in the decision-making process of the High Court, including:

aAnalysing the relevant case law on the interpretation of provisions applicable in pending cases;

bAnalysing the case and summarizing the procedure;

cPerforming other tasks for the processing of the case as requested by the judge.

3The Legal Service Unit shall be under the authority of the Chairperson of the Court, who for each case shall assign the legal advisor by taking into account their professional experience and the specialisation and by ensuring an equal workload among them.

4The Legal Service Unit shall consist of legal advisors, whereby more than half of the total number are assistant magistrates who are seconded in accordance with the procedures set out in the Law “On the Status of Judges and Prosecutors in the Republic of Albania”.

5The non-magistrate legal advisors shall be appointed by the High Judicial Council as regulated by provisions of this Law. The legal advisor from among the ranks of jurists shall benefit a salary equal to the “gross starting salary” of the judge of the court of first instance, without the other financial benefits, in accordance with the Law “On the Status of Judges and Prosecutors in the Republic of Albania”.

6The non-magistrate legal advisors shall fulfil the following criteria:

aHave a university degree in law at a “Master of Science” degree or equivalent to it in accordance with the higher education legislation;

bHave professional experience of not less than 10 years as senior employee in the judicial or prosecutorial system, in the public administration, legal free professions, lecturing in the law faculties, or in any other equivalent position, in the private sector or international organizations;

cHave knowledge of the jurisprudence of national and international courts;

ç"Have very good knowledge of at least one language of the European Union Member States; "

dHave skills on legal writing and reasoning;

dhHave no disciplinary measure in force in the previous positions;

eBe an author of articles and scientific publications in the field of jurisprudence.

7The legal advisor and the assistant magistrate is subject to the rules of incompatibility, limitation of office and conflict of interest like a magistrate.

8The Court Council shall include the proposal for the number of legal advisors in the draft budget, to be submitted to the High Judicial Council.

9The general meeting of judges shall establish detailed rules on the number of legal advisors and the functioning of the Legal Service Unit.

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