Albania 1998 Constitution (reviewed 2016) - Page 10 of 19

Table of Contents

PART NINE. THE COURTS

Article 135

The judicial power shall be assumed by the High Court as well as by the appeal courts, first instance courts, which shall be established by law.
Specialized courts shall be competent to adjudicate corruption and organized crime, as well as criminal offences committed by the President of the Republic, Speaker of the Assembly, Prime Minister, the member of the Council of Ministers, the judge of the Constitutional Court, and High Court and the Prosecutor General, High Justice Inspector, the Mayor, Deputy of the Assembly, deputy minister, the member of the High Judicial Council and High Prosecutorial Council, and heads of central or independent state institutions as defined by the Constitution or by law, as well as charges against former above mentioned officials.
The Assembly may establish by law other specialized courts; however, under no circumstances shall it establish extraordinary courts.
Judges of these specialized courts provided in paragraph 2 of this article are appointed by the High Judicial Council in accordance with the law. Judges of the specialized courts may only be removed from the office with a 2/3 majority of the High Judicial Council. The candidates for judges and judicial civil servant in the specialized courts, as well as their close family members, prior to their appointment, must successfully pass a review of their assets and their background and shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law.

Article 136

The judges of the High Court shall be appointed by the President of the Republic upon proposal of the High Judicial Council, with a 9 years mandate, without the right to re-appointment.
The President of the Republic within 10 days following the day of the decision of the High Judicial Council shall appoint the judge of the High Court, with the exception when there are grounds of his or her insufficient qualifications or ineligibility in accordance with the law. The decree of the President of the Republic to reject the candidate loses its effect when the majority of the members of High Judicial Council vote against the decree. In this case, as well in case the President does not express him or herself, the candidate shall be deemed appointed and shall take office within 15 days following the date of the High Judicial Council’s decision.
The judges of the High Court shall be selected from the ranks of the judges with at least 13 years of experience. One-fifth of the judges may be selected from among those renowned jurists with not less than 15 years of experience having worked as advocates, law professors or lectors, senior employees in the public administration or other practice of law. Candidates who are not from the ranks of judges must have an academic grade in law.
The judges who are not from the ranks of the judges shall not have held a political post in the public administration or a leadership position in a political party in the past 10 years before becoming candidate. Further criteria and the procedure for the appointment and election of judges shall be regulated by law.
The High Court judge shall continue to stay in office until the appointment of the successor, except in cases under Article 139, paragraph 1, subparagraph c), ç), d) and dh).

Article 136-a

Judges are Albanian citizens appointed by the High Judicial Council after finishing the School of Magistrates and after passing a preliminary evaluation of their assets and their background, in accordance with the law.
Further criteria for the selection and appointment of the judge are regulated by law.

Article 137

The judge shall enjoy immunity in connection with the opinions expressed and the decisions made in the course of assuming the functions, except where the judge acts based upon personal interests or malice.

Article 138

The salary and other benefits of judges cannot be reduced, except when:

general economic, financial measures need to be undertaken in order to avoid difficult economic situation of the country or other national emergences;
the judge returns to the previous position which he or she held prior to this position;
as a result of a disciplinary measure or is evaluated professionally as incapable, in accordance with the law;

Article 139

The mandate as High Court judge shall end, upon:
1. reaching the retirement age;
2. the expiry of the 9 year mandate;
3. his or her resignation;
4. dismissed as provided in Article 140 of the Constitution;
5. establishing the conditions of inelectibility and incompatibility;
6. establishing incapacity to exercise the duties;
The end of the mandate of the High Court judge shall be declared upon the decision of the High Court.
The procedure for the appointment of the judge as a judge in a different court upon expiry of mandate is regulated by law.

Article 140

The judge shall be disciplinarily liable in accordance with the law.
The judge shall be dismissed upon decision of the High Judicial Council when he or she:
1. commits serious professional or ethical misconduct which discredit the figure and the position of the judge during the exercise of his or her duties; or
2. is convicted with final court decision for commission of a crime.
The judge is suspended from its duty upon decision of the High Judicial Council when:
1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
2. he or she is accused for a serious crime committed with intention;
3. upon initiation of the disciplinary proceedings in accordance with the law.
Against the dismissal decision, appeal can be filed at the Constitutional Court.

Article 141

The High Court shall decide cases relating to the meaning and application of the law in order to ensure the unification or evolution in the judicial practice, in accordance with the law.
For the change of the judicial practice, the High Court shall draw for review by the Joint Chambers, specific judicial issues decided by the chambers, in accordance with the law.

Article 142

Judicial decisions must be reasoned.
The High Court must publish its decisions as well as minority opinions.
The state bodies are obliged to execute judicial decisions.

Article 143

Being a judge shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, scientific activities, or secondment to justice institutions in accordance with the law.

Article 144

[Removed]

Article 145

Judges are independent and subject only to the Constitution and the laws.
When judges find that a law comes into conflict with the Constitution, they do not apply it. In this case, they suspend the proceedings and send the case to the Constitutional Court. Decisions of the Constitutional Court are binding for all courts.
Interference in the activity of the courts or the judges entails liability according to law.

Article 146

Courts shall render their decisions in the name of the Republic.
The judicial decisions shall, under all circumstances, be announced publicly.

Article 147

The High Judicial Council shall ensure the independence, accountability and appropriate functionality of the judicial power in the Republic of Albania.
The High Judicial Council shall be composed of 11 members, six of which are elected by the judges of all levels of the judicial power and five members are elected by the Assembly among jurists who are non-judges.
The judge members shall be selected from judges of high moral integrity and professional proficiency in accordance with an open and transparent procedure that ensures a fair representation of all levels of the judiciary. The lay member shall be selected among highly qualified jurist, with no less than 15 years of professional experience, of high moral and professional integrity. The lay member shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate. Further criteria and the procedure for selecting and ranking the candidates are provided by law.
Two lay members shall be elected from the advocates, two from the corps of law professors and the School of Magistrates and one shall be from civil society. The Secretary General of the Assembly, based on an open call and transparent procedure, shall announce the vacancies in accordance with the law.
The Secretary General of the Assembly, not later than 10 days from the presentation of the applications, shall verify if the candidates fulfill the criteria foreseen in the Constitution and the law and assess the professional and moral criteria to be a member of the High Judicial Council. In case the candidates do not fulfil the criteria to be elected, the Secretary General of the Assembly deletes candidates from the list.
The Secretary General of the Assembly, upon completion of the verification sends immediately to the parliamentary committee under paragraph 7 of this article the list of candidates who fulfill the formal criteria.
The parliamentary committee responsible for legal issues establishes a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list. The subcommittee is composed of five members of the Assembly, three members nominated by the parliamentary majority and two by the opposition. The subcommittee may with at least four votes include a candidate who was previously removed from the list by the Secretary General of the Assembly. The subcommittee selects the candidates supported by 4 members. In case the majority cannot be reached the candidate shall be selected by lot.
The selections from the subcommittee are consolidated into one list and sent to the Chairman of the Assembly. Within ten days, the Assembly may reject the entire list of candidates as a block by a majority of two-thirds. If the list is rejected, the procedure shall be repeated by the subcommittee under paragraph 7 of this article, but no more than two times. If the Assembly after the competition of the procedure for the third time, has not approved the presented list, the candidates of this list shall be deemed elected. Detailed procedures shall be regulated by law.
The Chairperson of the High Judicial Council is elected by its members from the ranks of the lay members in accordance with the law.
Members of the High Judicial Council shall practice their duty full-time for a period of five years without the right of immediate re-election. At the end of the term, the judge members return to their previous working positions. The mandate of judges of the High Court, or specialized courts shall be suspended during the period of time of their service as member of High Judicial Council. The lay members who before the appointment worked full time in the public sector shall return to the previous working positions or, if not possible, to positions equivalent to them.

Article 147-a

The High Judicial Council shall exercise the following powers:
1. appoints, evaluates, promotes and transfers judges of all levels;
2. decides on disciplinary measures on judges of all levels;
3. proposes to the President of the Republic candidates for judges of the High Court in accordance with the law;
4. approves the rules of judicial ethics and monitors their observation;
5. directs and manages the administration of the courts with the exception of the management of the information technology structure of the courts, which is regulated upon decision of the Council of Ministers;
6. proposes and administers its own budget and the budget of the courts;
7. informs the public and the Assembly on the state of the judicial system;
8. exercises other powers defined by law.
The law may provide the establishment of decision making sub-bodies of the High Judicial Council.
The Minister of Justice may participate, without the right to vote, in the meetings of the High Judicial Council when issues of strategic planning and budget of the judiciary are discussed.

Article 147-b

The mandate of the member of the High Judicial Council shall end upon:
1. reaching the retirement age;
2. expiry of the 5 year mandate;
3. his or her resignation;
4. dismissal in accordance with the provisions of 147-c;
5. establishing the conditions of inelectibility and incompatibility;
6. establishing of incapacity to exercise the duties;
The expiry of the mandate of the member shall be declared upon a decision of the High Judicial Council.
Where the position of the member remains vacant, the body having appointed the preceding member, shall, under Article 147, appoint the new member, the latter staying in office until the expiry of the member of the outgoing member.
The member shall continue to stay in office until the appointment of the successor, except under cases provided in subparagraph c), ç), d) and dh) of paragraph 1 of this article.

Article 147-c

The member of the High Judicial Council shall be disciplinarily liable in accordance with the law.
The member shall be dismissed upon decision of the Constitutional Court if he or she:
1. commits serious professional or ethical misconduct;
2. is convicted with final court decision for commission of a crime.
The member is suspended from its duty upon decision of the Constitutional Court when:
1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
2. he or she is accused for a serious crime committed with intention.
3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 147ç

Being a member of the High Judicial Council shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities in accordance with the law.

Article 147-d

The High Justice Inspector shall be responsible for the verification of complaints against judges and prosecutors of all levels, members of the High Judicial Council, High Prosecutorial Council and Prosecutor General, as well as for the investigation, on its own initiative, of the disciplinary misconduct and initiation of disciplinary procedure against them, in accordance with the law.
The High Justice Inspector shall also be responsible for inspecting the courts and prosecution offices as institutions.
The High Justice Inspector is elected upon three fifth majority of all members of the Assembly, for nine years, without the right to re-election, among highly qualified jurists with no less than 15 years of professional experience, of high moral and professional integrity. He or she shall not have held a political post in the public administration or a leadership position in a political party in the last past 10 years before becoming candidate.
The High Justice Inspector is elected from the list of five candidates selected and ranked by the Justice Appointment Council based on a transparent and open procedure of the most qualified candidates. If the Assembly does not reach the majority of three-fifths for any of the candidates, within 30 days of receiving the list, the highest ranking candidate is automatically appointed.
The High Justice Inspector shall have the status of the High Court judge.
The procedures for the decision making of the High Justice Inspector are regulated by law. Decision imposing sanctions on inspectors shall be appealed at the Constitutional Court.

Article 147-dh

The mandate of the High Justice Inspector ends when:
1. reaching the retirement age;
2. ends the mandate of 9 years;
3. his or her resignation;
4. dismissal in accordance with article 147-e of the Constitution;
5. establishing the conditions of inelectibility and incompatibility;
6. establishing the incapacity to exercise the duties;
The end of the mandate of the High Justice Inspector is declared by decision of the joint meeting of the High Judicial Council and High Prosecutorial Council.
The High Justice Inspector remains in duty until the appointment of the new Inspector, except under cases under paragraph 1, subparagraph c, ç), d), and dh).
After the end of the mandate and upon his or her request, the High Justice Inspector shall be appointed in the position he or she held before the appointment or in positions equivalent to them.

Article 147-e

The High Justice Inspector shall be disciplinarily liable in accordance with the law.
The High Justice Inspector shall be dismissed upon decision of the Constitutional Court if he or she:
1. commits serious professional or ethical misconduct;
2. is convicted with final court decision for commission of a crime;
A parliamentary investigative comittee shall investigate allegations of misconduct by the High Justice Inspector, respecting his or her rights to a fair trial. The parlametary invetigative comittee proposes the dismissal of the High Justice Inspector in cases when he or she finds out misconducts as provided in paragraph 2 of this article in accordance with the law.
The High Justice Inspector is suspended from its duty upon decision of the Constitutional Court when:
1. against him or her the personal security measure of predetention or home arrest is given for commission of a criminal offence; or
2. he or she is accused for a serious crime committed with intention;
3. upon initiation of the disciplinary proceedings in accordance with the law.

Article 147ë

Being the High Justice Inspector shall not be compatible with any other political, state as well as any other compensated professional activity, except for teaching, academic, and scientific activities in accordance with the law.