LAW

No. 8136, dated 31.07.1996

"ON THE MAGISTRATES’ SCHOOL OF the REPUBLIC OF ALBANIA"

 

In accordance with Article 16 of Law No. 7491, dated 29.4.1991 "For the Main Constitutional Provisions," upon the proposal of the President of the Republic,

THE PEOPLES’ ASSEMBLY

OF THE REPUBLIC OF ALBANIA

DECIDED:

CHAPTER I

AIM AND DUTIES

OF THE MAGISTRATES’ SCHOOL

Article 1

The Magistrates’ School is established as a government-subsidized institution which enjoys the status of a juridical person.

The Magistrates’ School enjoys administrative, academic and financial autonomy for the accomplishment of the goals and duties defined by this law.

The main office of the Magistrates’ School is in Tirana.

Article 2

The Magistrates School assures the professional training of the magistrates (judges, prosecutors.)

The professional training program includes the mandatory initial training of the candidates for magistrate, and also the program for the continuing education of the magistrates.

The Magistrates’ School, according to particular dispositions, assumes the professional training of the judicial administration employees.

Article 3

The income and the property of the Magistrates’ School consists of:

a) income granted by the budget of the State; the budget of the School is allocated by the People’s Assembly upon the proposal of the Council of Ministers;

b) donations and income from different donors, domestic or foreign interested in this problem and that do not infringe on the goal and on the functioning of the School in compliance with the legislation in force;

c) income from publications or service activities performed by this institution;

ç) personal and real property administered by the School;

d) any other legal income.

Article 4

The funds, the income and the property of the Magistrates’ School serve to the performance of the activity and the functioning of the school. This includes:

a) the salary of the teaching faculty, of the specialists, of the legal internship supervisors and of the administrative staff;

b) the scholarships of the candidates;

c) the performance of works or services, also the purchase of property for the purpose of the school’s activities.

ç) other activities approved by the board within the goal of the School.

CHAPTER II

THE MANAGEMENT AND THE ORGANIZATION

OF THE MAGISTRATES’ SCHOOL

Article 5

The managing organs are:

a) The Managing board of the Magistrates’ School

b) The Director of the School

c) The academic council

d) The disciplinary council.

Article 6

1. The board consists of:

a) the Chairman of the Court of Cassation, who performs, at the same time, the duties of the President of the Board and presides over its meetings;

b) the General Prosecutor, who in the absence of the Chairmen of the Court of Cassation, presides over the board and its meetings;

c) the Director of the Magistrates’ School;

d) two experienced judges and two experienced prosecutors appointed by the High Council of Justice;

e) two well-qualified specialists appointed by the Minister of Justice, and who have previously served as judges, prosecutors or advocates;

f) the Dean of the Law Faculty;

g) a legal internship supervisor appointed by the Director of the School;

i) two students elected by secret ballot from the Assembly of the candidates for magistrate who attend the initial training.

The members of the board mentioned in the items d), e), and g) of this article are appointed for a four-year term, and by decision of not less than nine members of the board, can be replaced by the competent authorities that appointed them.

2. The Managing Board has these duties:

a) Follows the implementation of the requirements for the admission of the candidates who will attend the initial training program.

b) Selects the candidates and decides on their admission to the professional program.

c) Defines the requirements for the appointment of the faculty of the school and appoints it upon the proposal of the director.

d) Within the budget, defines the organizational structure and the requirements for the appointment of the administrative staff.

e) Approves the regulations of the school, defines the school policy and is responsible for it.

f) Upon the proposal of the director, defines the teaching outlines, regulates the relations between the subjects in the common and in the separate training of the candidates on the basis of a career as judge or prosecutor.

g) Proposes the draft-budget of the School and considers the reports by the director on the implementation of the budget and expenditure of income.

h) Every academic year, presents to the High Council of Justice a report on the progress and the attendance of the courses by the magistrates and the candidates for magistrate, and on the future policy of the School.

3. The Managing Board holds no less than three general meetings every year, and in extraordinary cases, when called by its president.

A meeting is considered valid when no less than half of the members take part. Decisions are taken by a majority vote and, in case of a tie, the determining vote rests with the president.

4. The discussions in the meetings and the decisions of the board are reflected in the minutes taken by a secretary. The minutes are signed by the president of the board and by the secretary (the minutes keeper).

Article 7

The Director of the Magistrates’ School is appointed by the High Council of Justice upon the proposal of the managing board from among well-qualified judges, and prosecutors for a four-year term with the right to be reappointed only once.

The salary of the director of the School is equal to the salary of a Court of Cassation judge.

The Director of the Magistrates’ School has these duties:

1. to represent the Magistrates’ School before all public and private authorities;

2. to compile the internal regulations of the School and the annual plan of its activity;

3. to implement the obligations deriving from the laws, from the decisions of the managing board and from the recommendations of the High Council of Justice;

4. to request funds from the state, donations from associations and individuals, and to administer the income in an independent way, according to the main policies defined by the managing board in accordance with the requirements defined in article 4;

5. to take measures for the publication of literature and texts;

6. to manage the faculty, coordinate its work, request and approve the curricula for each subject and supervise its implementation and the teaching procedures, propose to the board candidates for teacher;

7. to appoint and be responsible for the administrative staff and all its subsidiary activities.

In the exercise of his functions the Director is assisted by the vice-director, who replaces him in his absence, or who fulfills the duties assigned to him by the Director and responds to him.

The Vice-Director is appointed by the High Council of Justice upon the proposal of the managing board. His salary is defined by this board.

Article 8

The Director, the Vice-Director, and the current members of the teaching faculty enjoy the status of judge.

Article 9

1. The Academic Council consists of:

a) the director of the Magistrates’ School, who is its president;

b) the teaching faculty;

c) a judge and a prosecutor from among those defined in item d) of article 6 of this law, elected by decision of the board.

2. The duties and functioning of the academic council are defined by regulation.

Article 10

The academic council meets upon the request of the Director of the Magistrates’ School.

The meetings of the academic council are held when no less than half of its members take part, and decisions are taken by a majority vote. In case of a tie, the determining vote rests with the president.

CHAPTER III

DISCIPLINE

Article 11

1. The disciplinary council consists of:

a) the director of the school who is its president;

b) a judge and a prosecutor appointed by the High Council of Justice from among those defined in item d) of article 6 of this law, and who are not members of the academic council;

c) two current faculty members of the school appointed by the academic council;

d) two candidates for magistrate elected from the candidates’ assembly by secret ballot every year.

2. The disciplinary council has the authority to exercise the functions of a disciplinary body, taking disciplinary measures in writing against candidates that break the rules of discipline defined in this law and in the relevant regulations.

The Disciplinary Council meets upon the request of the director of the school or upon the presentation of a written request by interested persons.

The meetings of the Disciplinary Council are held when no less than half of its members take part. Decisions are taken by a majority vote, and in case of a tie, the determining vote rests with the President.

Article 12

The disciplinary measures are:

1. reprimand

2. warning

3. transfer from the legal internship position

4. reduction of salary

5. dismissal from the school

The punishments provided by points 1 through 3 of this article are decided by the director of the School, while those provided by points 4 and 5 are decided by the disciplinary council.

No punishment can be given without first giving the person who will be punished an opportunity to be heard.

The punishments given by the director can be appealed to the disciplinary council.

The decisions of the disciplinary council for the measures mentioned in points 4 and 5 of this article can be appealed to the Court of Cassation within ten days of the day of their communication. The appeal does not suspend the implementation of the disciplinary measure.

The disciplinary measure of dismissal from the school results in the person dismissed being barred from attending the school for five years, without counting the interrupted year.

CHAPTER IV

THE FUNCTIONING OF THE MAGISTRATES’ SCHOOL

Article 13

The academic year begins on October 1st and ends on June 30 of the following year.

The procedures of the competitive examination take place in the month of September.

Article 14

The initial training of the candidates includes a three-year period that consists of:

a) a one-year theoretical program including different subjects of law;

b) a one-year practice under the supervision of a well-qualified judge or prosecutor (the pre-professional internship period);

c) a one-year intensive practice dealing with cases of lesser importance under the supervision of a judge or prosecutor (the professional internship period).

The theoretical program of item a) of article 14 is common to all the candidates, while the year of the practice and the year of the professional internship are separated based on the career of judge or prosecutor chosen by the candidate.

The Director of the School posts the lists of the courts and of the prosecutor’s offices where the internship is going to be taken, of the supervisor magistrates, and of the candidates for each court and prosecutor’s office.

Article 15

The permanent and extern faculty members are appointed by the board upon the proposal of the director in conformity with the criteria defined by this board.

The salary of the faculty member is equal to the salary of a Court of Appeals judge.

The general subjects may be taught by extern lecturers who have served as judges, prosecutors, private practitioners or lecturers for an extended period of time. The specific subjects may be taught by specialists in the respective fields.

The faculty members are trained and assisted on the respective subjects they teach, through courses, workshops or discussions held on a periodical basis.

Article 16

The procedures of admission to the School are as below:

The Director of the School, in accordance with a vacancies list compiled by the High Council of Justice, makes an announcement for submission of the applications from the candidates, announcing as well the documents that should be enclosed in the application and the application deadline. Attached to the announcement, the director of the School announces the list of the subjects on which the test of the candidates will be based.

The candidates should submit these documents:

a) a copy of the diploma in law

b) a faculty transcript

c) a request to express his own will for the chosen career of judge or prosecutor.

Article 17

The candidates have to pass through a competitive examination, written and oral, before a panel of five members appointed by the managing board.

When the competition is completed, a list of admitted candidates shall be issued and approved by the managing board. The admitted candidates are required to attend regularly the program and to respect the regulations of the School.

Article 18

During the program attendance period the candidates receive remuneration equal to 50% of the salary of a district court judge, for the first two years of the program.

A candidate dismissed from the School or a candidate who abandons the School without justifiable reasons, is obligated to make restitution of the remuneration received during the theoretical program attendance and the pre-professional internship period.

Article 19

At the end of the theoretical activity and the pre-professional internship period the candidates are temporary appointed by the High Council of Justice according to the evaluations of the academic council. The evaluation scale is:

a) insufficient

b) sufficient

c) good

d) very good

The candidate evaluated insufficient is not subject to the process of temporary appointment.

Article 20

The final evaluation of the candidates is made by the academic council set up by article 9, item 1 of this law, on the basis of the results of the theoretical and internship stages.

The Director’s office designates judges and prosecutors in the districts where the internship shall take place, whom after inspecting the work of the intern, prepare evaluation reports on him to help the council evaluate the candidate.

The Director of the School sends the list of the graduates to the High Council of Justice for final appointment. After gathering the necessary data for each candidate, the High Council of Justice makes the final appointment to the vacancies according to the evaluation by the Magistrates’ School. When there are no vacancies, those who await appointment receive the salary and have all the other rights of a magistrate.

The candidate for magistrate, in this case, with his consent, can be assigned to the position of assistant judge or to a position in the judicial administration until a vacancy occurs.

Article 21

During the professional internship period the candidates enjoy the same rights and have the same duties as magistrates.

Article 22

The appointed magistrates who, without justifiable reasons, resign or ask for their removal within five years of their appointment, are obligated to pay to the Magistrates’ School the amount of money of the remuneration they received during the theoretical program and the pre-professional internship in proportion to the period of non-fulfilment of their duties.

Article 23

Additional training

The judges and prosecutors who have less than five years work experience and who have not finished the Magistrates’ School are subject to the continuing activities of additional training.

The period of additional training shall not exceed one month in a year, and three months in total during the five years.

Participation of the magistrates in the additional training activity is mandatory.

The traveling and living expenses of the participants in those courses are provided by the funds of the Magistrates’ School.

The President of the district court and the district prosecutor propose respectively to the Chairman of the Court of Cassation and to the General Prosecutor, the judges and the prosecutors that will attend the additional training activities. The High Council of Justice, upon the proposal of the Chairman of the Court of Cassation and of the General Prosecutor, determines the number and the magistrates who will attend those activities.

Article 24

The Magistrates’ School periodically organizes academic sessions, workshops, discussions, and other activities in order to provide updated information for the improvement of the magistrates.

The participation of the magistrates in these academic and scientific activities is optional.

The traveling and living expenses during these activities are provided by the courts and prosecutor’s offices to whom the participants belong.

The Magistrates’ School, in cooperation with the Ministry of Justice, the Court of Cassation, the General Prosecutor’s Offices, and the law faculties, organizes full-time day-courses for judges and prosecutors. The selection procedure is the same as the one explained in the previous article.

The period and the area of training are decided by the magistrate himself. The above-mentioned activities do not have a goal of disqualification.

Article 25

The judges, the prosecutors, and the lawyers who participate in the additional training activities and in the improvement courses, at the end of them, are provided with a special certificate given by the director of the Magistrates’ School.

The certificates are placed in their files and give evidence of the qualification of the magistrates.

Article 26

All laws and other legal acts that are in contradiction with this law are repealed.

Article 27

This law enters in force 15 days after its publication in the Official Gazette.