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

Article 83: The Status of Incumbent Chancellors

1The High Judicial Council, within six months from its establishment, shall verify the legal requirements and criteria met for the position in accordance with the provisions of this law and shall carry out the background and asset assessment for all incumbent chancellors.

2The High Judicial Council shall submit the request for information for the verification of the data and any other disqualifying grounds to the High Inspectorate for the Declaration and Audit of Assets and Conflict of Interests, Prosecution Office, Financial Public Authorities, National Bureau of Investigation, State Intelligence Services as well as to any disciplinary authority that has supervised the chancellors’ employment relationships in the past. If deemed necessary, the High Judicial Council may request additional information from other relevant institutions.

3The High Judicial Council shall establish a reasoned report in writing on the results of asset declaration and background checking, as well as on the fulfilment of legal requirements and criteria as set out in this Law for an incumbent chancellor.

4If an incumbent chancellor does not successfully pass the assets and background assessment and the fulfilment of legal requirements and criteria in accordance with the law, his/her employment relationship shall be terminated after the decision of the Council becomes final. The incumbent chancellor in a court shall have the right to be heard, to submit statements and further evidence and to be represented.

5The decision of the High Judicial Council is appealable, within two weeks upon its notification, in accordance with the provisions of the Law “On Governance Institutions of the Justice System in the Republic of Albania”.

6An incumbent chancellor, who meets the legal criteria in accordance with this Article, shall take part in the exam organised by the School of Magistrates for his/her proficiency assessment. In this case, the High Judicial Council shall appoint the incumbent chancellor to office, within one week after the publication of results of the exam.

7In the case where an incumbent chancellor does not achieve at least 70 per cent of the total scores, he/she shall be considered unfit for the position and the employment relationship for the position of chancellor shall be terminated. In this case, the High Judicial Council shall consider the existing options for assignment to another appropriate position in the court administration and in accordance with the legal and professional criteria.

8Provisions of Article 87 and 88 of this Law shall apply to the extent to which they may be applicable.

9The High Judicial Council shall adopt detailed rules for additional criteria related to the specifics of the chancellor’s position as well as for the procedures to be followed aiming at a unified application of standards in compliance with the legislation in force.

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