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

Article 85: The Status of Other Incumbent Employees in Courts

1The court shall establish the Court Council within four months after the establishment of the High Judicial Council.

2The Court Council shall, within 6 months after its establishment, evaluate the formal criteria met by incumbent employees for the position they hold pursuant to this Law, except for the chancellor, legal advisor and legal assistant. In case an incumbent employee does not meet the formal criteria for the respective position, the Court Council shall consider the existing options for assignment to another appropriate position in the court administration in accordance with the legal and professional criteria, if there are no reasons to terminate employment relationships.

3An incumbent court employee shall have the right to be heard, to submit statements and further evidence and to be represented.

4The chancellor shall deliver the reasoned decision of the Court Council in writing to all court employees within two weeks from the date of the decision of the Court Council.

5An appeal may be lodged against the decision of the Court Council to the competent court, within two weeks upon notification as set out in paragraph 4 of this Article.

6The High Judicial Council shall adopt detailed rules for additional criteria related to the specifics of the civil servants’ position as well as for the procedures aiming at a unified application of standards in compliance with the legislation in force.

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