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

Article 64: Rights and Duties of Judicial Civil Servants

1Judicial civil servants shall enjoy the rights and be subject to the obligations as established in the chapter on the rights and duties in the civil service in the Law “On Civil Servant”, unless otherwise provided by this Law.

2Judicial civil servants shall have the right to appeal a decision of the Court Council to the Administrative Court of Appeal.

3The decisions of the High Judicial Council regarding the appointment of chancellors, legal advisors and legal assistants shall be appealed in accordance with the Law “On Governance Institutions of the Justice System in the Republic of Albania”.

4The Council of Ministers shall set by decision:

aRules on the salary structure and the salary progression for judicial civil servants, whereby the salary scheme shall be at least equivalent to the salary scheme of respective categories of civil servants;

bRules on duration of work, holidays and leaves, overtime work and its compensation, as well as the compensation of expenditure for the performance of duty outside the working place. When determining such rules, it shall be ensured that judicial civil servants are treated in an equivalent manner to civil servants.

5The candidate for chancellor shall be entitled to a scholarship fee of 50 per cent of the initial salary as chancellor during the initial training course. The High Judicial Council shall determine by decision three categories of chancellors in compliance with the workload and level of each court. The highest level of salary for a chancellor is equal to the “salary per function” of a Director of Directorate-General, the average level is equal to the “salary per function” of a Director of a Directorate and the lowest level is equal to the “salary per function” of a Chief of Sector in a Ministry level.

6The candidate for legal advisor and legal assistant shall be entitled to a scholarship fee of 50 per cent of the initial salary as legal advisor and legal assistant during the initial training course. The legal assistant, upon the appointment, shall benefit a salary equal to the “salary per function” of a Director of a Directorate in a Ministry.

7Candidates for chancellors, legal advisors and legal assistants shall be obligated to reimburse the total of the scholarship fee received within three years in case the candidate is expelled or leaves the School or in case the candidate does not apply for being assigned to a position within one year upon completion of the education at the School of Magistrates.

8The candidate shall be obligated to reimburse 50 per cent of the total scholarship fee received within three years upon completion of the education at the School of Magistrates in case:

aThe candidate did not reach the requirements for being appointed as according to Article 53 of this Law;

bThe mandate of the chancellor, legal advisor or legal assistant is terminated before having completed at least five years in assuming the function.

9The obligation to reimburse the scholarship fee set out in paragraph 8 of this Article, shall not apply to the candidate in cases which are resulting from health reasons or other justified reasons as approved by decision of the Steering Council of the School of Magistrates.

10The judicial civil servants of the Anti-Corruption and Organized Crime Specialized Courts shall benefit a salary bonus for difficulties at 10 per cent of the respective salary.

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