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

Article 58: Appointment to Judicial Civil Service

1The High Judicial Council shall, upon completion of the lateral transfer and promotion procedure, open a recruitment procedure for appointing candidates to vacant positions for chancellors, while the Court Council shall open a recruitment procedure for appointing the candidates to other judicial civil servant positions.

2The successful candidates, determined in compliance with the rank list of the School of Magistrates for the ranking of chancellors, legal advisors and legal assistants or in compliance with the ranking made by the Admission Committee, starting from the best ranked, have the right to be considered for appointment to any position within the category for which the competition was organized. The High Judicial Council and the Court Council shall appoint the candidates to the position selected in accordance with Articles 59 and 60 of this Law.

3The list of successful candidates established by the School of Magistrates in accordance with Article 53 paragraph 7 of this Law, not yet appointed under paragraph 2 of this Article, will be valid for a four-year period since the announcement of winners. The list of successful candidates established by the Admission Committee in accordance with Article 54 paragraph 6 of this Law, not yet appointed under paragraph 2 of this Article, will be valid for a two years period since the announcement of winners. If another competition procedure will be organized in the meantime for the same group, the successful candidates of the lists, who are not appointed yet, are re-ranked accordingly referring to the final result.

4The vacancies, created temporarily, may be filled by the winning, not yet appointed candidates, following their ranking in the list as set out in paragraph 3 of this Article. In any case, this process shall be carried out with the consent of the winning candidates and it shall not affect the rights they enjoy under paragraph 3 of this Article. The High Judicial Council and the Court Council shall in such a case make the temporary appointment of the chancellor, legal advisor and legal assistant, and other judicial civil servants, after obtaining their consent.

5Any appointment to a judicial civil service position, contrary to this Article, is absolutely invalid.

6The High Judicial Council shall adopt more detailed rules on the procedure pursuant to this Article.

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