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

Article 66: Transfer of Judicial Civil Servants

1The provisions of the Law “On Civil Servant” on the temporary and permanent transfer shall be applicable mutatis mutandis, unless otherwise provided in this law.

2The transfer may apply only within the judicial civil service. A judicial civil servant can also be temporarily transferred, in the interest of the court or the State, to a position in an international institution or organisation that fits to the profile of the job, to which the Republic of Albania is member.

3The Council of the Court to which the judicial civil servant is to be transferred is competent for the decision on the transfer. In case of a transfer to an institution other than a court, the Council of the Court in which the judicial civil servant is serving, is the competent authority to decide on the transfer. In case of a chancellor, legal advisor and legal assistant, the High Judicial Council is the competent authority to decide on the transfer.

4The Court Council shall inform the High Judicial Council in cases where a judicial civil servant requests the transfer to another judicial civil service institution, because of:

aMedical grounds or during the pregnancy;

bHealth incapacity; or

cAvoiding a situation of continuous conflicts of interest.

5The High Judicial Council shall register the judicial civil servant on a list until his/her appointment to an appropriate position. The provisions on the effects of suspension shall be applicable mutatis mutandis.

6In case of closure or reorganisation of a court structure, the High Judicial Council shall establish a Restructuring Committee in the sense of the Law “On Civil Servant”. The Restructuring Committee shall be chaired by a representative of the High Judicial Council and shall include the chairpersons and the chancellors of the courts, which are affected by the restructuring measures.

7The High Judicial Council shall issue by decision more detailed rules on the procedure of transfer.

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