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

Article 65: Performance Evaluation

1The performance of any judicial civil servant shall be periodically evaluated at least every two years, starting from the date of his/her assumption of function in the respective position, against the following criteria:

aProfessional knowledge and technical skills;

bCommitment to work;

cWork ethics.

2The chairperson of the court shall notify the judicial civil servants on the commencement of evaluation proceedings and request judicial civil servants to write a self-evaluation two months before the end of the two-year performance evaluation. The judicial civil servants shall write a self-evaluation within two weeks upon notification. By means of this self-evaluation, the judicial civil servant shall describe the activities, identify training needs, suggest improvement to work conditions and measures for his/her professional development, identify weaknesses and strengths in regard to each evaluation criterion.

3The chairperson of the court shall notify all supervisors to provide a written opinion on the performance of judicial civil servants towards the evaluation criteria, within two weeks upon notification.

4The judicial civil servant under evaluation and the supervisor shall submit the evaluation acts to the chairperson of the court, who is responsible to establish a draft evaluation report within four weeks following the notification of the judicial civil servant. Upon completion of the draft evaluation report, the judicial civil servant shall be notified and shall have the right of access to the evaluation file.

5The judicial civil servant shall have the right to object the draft evaluation report in writing within two weeks upon receiving the draft evaluation report.

6The chairperson of the court shall submit to the Court Council the draft decision on the evaluation, the draft evaluation report together with the self-evaluation, the written opinion of all supervisors and, if applicable, any objection according to paragraph 5 of this Article.

7The Court Council may decide to hear the judicial civil servant under evaluation and shall deliberate on the work evaluation by assigning one of the following evaluation grades:

aVery good

bGood

cSatisfactory

çNon-satisfactory

8The Court Council shall duly justify the decision in writing and notify the evaluated judicial civil servant within three days upon taking the decision.

9In case where an evaluation decision of the Court Council determines an evaluation grade less than ‘good’, the judicial civil servant shall have the right to appeal against the decision of the Court Council to the competent court, within 15 days from the notification of the decision, only regarding questions of law with the argument of non-uniform application of the law.

10In case of a judicial civil servant on probation period, the evaluation shall cover a period of six months.

11"The High Judicial Council shall establish by decision further rules on the evaluation indicators relating to the evaluation criteria, sources and procedure. "

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