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

Article 61: Preliminary Appointment

1The judicial civil servant shall be appointed preliminarily to the judicial civil service provided that the appointment decision is not reversed by a court decision.

2In case where no appeal is lodged in due time against the decision of the competent authority on the appointment of the judicial civil servant, the decision becomes final and the appointment shall be considered as final appointment as of the date of the end of the appeal period against this decision.

3In case where an appeal is lodged and a final court decision acknowledges the appointment decision, the appointment becomes final, starting with the date of notification of the final court decision to the appointed judicial civil servant.

4In case where a court reverses the appointment decision, the respective competent authority shall, under the rules of evaluation, re-evaluate all applications in accordance with this law and shall take a new decision following the final court decision. The preliminary appointment is to be considered as completed on the date of the decision of the competent authority revising the appointment decision in the light of the final court decision. The preliminarily and the newly appointed candidates have to be notified on the date of the decision.

5The first year of service within the period of the preliminary appointment shall be considered as probation period in the sense of Article 62 of this Law.

6The Court Council shall notify without delay the High Judicial Council on the result of the recruitment process, including appeals lodged, and any final court decisions.

7In case the competent authority decides to terminate the employment relationship according to Article 62 of this Law, within the probation period of a preliminarily appointed judicial civil servant, it shall notify the other candidates who had applied for the position. These candidates may uphold their application even in cases where the candidates’ list on which they were included, expired. Where these candidates had filed an appeal, their appeal shall be considered as withdrawn. The competent authority shall invite all other candidates from the respective candidates’ list to apply for the position.

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