Albania 1998 Constitution (reviewed 2016) - Page 18 of 19

Table of Contents

PART EIGHTEEN. TRANSITORY AND LAST PROVISIONS

Article 178

Laws and other normative acts approved before the date this Constitution enters into force will be applied as long as they have not been abrogated.
The Council of Ministers presents to the Assembly draft laws necessary for implementing this Constitution.

Article 179

Members of the Constitutional Court shall continue their activity as members of the Constitutional Court, in accordance with the previous mandate.
The first opening for new members for the Constitutional Court shall be appointed by the President of the Republic, the second selected by the Assembly and the third selected by the High Court. This shall be the order for all future appointments after entry into force of this law.
Aiming at the regular renewal of the Constitutional Court, the new judge who shall succeed the judge whose mandate will end in 2017 shall remain in office until 2025 and the new judge who will succeed the judge whose mandate will end in 2020 shall remain in office until 2028. The other Constitutional Court judges shall be appointed the entire duration of the mandate in accordance with the law.
Members of the High Court shall continue their activities accordance with the previous mandate. The new members due to replace the members, whose mandate expires, shall be appointed under the provisions of this law.
The High Judicial Council shall be established at least within 8 months from the entry into force of this law. Three judge members and two lay members of the High Judicial Council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. The members of the High Council of Justice shall end their mandate after the establishment of the High Judicial Council, but not later than after all members of the High Judicial Council are selected as determined by law. For the first appointment of the lay members of the High Judicial Council after entry into force of this law, the verification of the candidates as provided in article 147 of the Constitution shall be conducted by the General Secretary of the Assembly and International Monitoring Operation.
The High Prosecutorial Council shall be established within at least 8 months from the entry into force of this law. Three prosecutor members and two lay members of the High Prosecutorial Council shall be appointed initially for a 3-years term, with the purpose of partial renewal of this body. For the first appointment of the lay members of the High Prosecutorial Council after entry into force of this law, the verification of the candidates as provided in article 147 of the Constitution shall be conducted by the General Secretary of the Assembly and the International Monitoring Operation.
During their 9 years mandate the judges of the Appeal Chamber established in Article 179-b shall have disciplinary jurisdiction over all Constitutional Court judges, the members of High Judicial Council, the High Prosecutorial Council, the Prosecutor General, and the High Justice Inspector. The Appeal Chamber shall also have jurisdiction on the appeals against decisions of the High Judicial Council, High Prosecutorial Council as well as High Justice Inspector, imposing disciplinary sanctions respectively against judges, prosecutors and other inspectors.
The Serious Crimes Court and Serious Crimes Appeals Court shall assume the name, function and competence of the first instance court and appeals court within 2 months of the establishment of the High Judicial Council, in accordance with the law. The transfer of cases shall be done in accordance with the law. The existing judges of these courts shall be transferred to other courts, if they or their close family members refuse to agree to the periodic reviews of their financial accounts and personal telecommunication. The Special Prosecution Office shall be established and prosecutors appointed within 2 months of the establishment of the High Prosecutorial Council, in accordance with the law. Upon the establishment of this office, the Serious Crimes Prosecution Office shall cease to exist. The transfer of investigations and cases shall be done in accordance with the law.
The High Justice Inspector shall be appointed within 6 months after entry into force of this law. The transition period and manner of functioning of the existing inspectorates shall be regulated by law.
Judges and prosecutors who have not finished the School of Magistrate shall continue on duty and are subject to the transitional qualification assessment according to article 179-b and the Annex.
Within 5 days of the entry into force of this law, the President of the Republic shall elects in accordance with article 149-d paragraph 3 of the Constitution. If the President does not select within 5 days of entry into force of this law, the Speaker of the Parliament shall select by lot within 10 days of the entry into force. Those selected shall serve as the Justice Appointments Council until December 31 of the year that this law enters into force. The Ombudsperson shall serve as an observer of the selection by lot of the Justice Appointment Council, as well as its meetings and operations. The members of the Justice Appointment Council shall be subject to the Transitional Qualification Assessment of Judges and Prosecutors under Article 179-b as soon as possible.
The President of the Republic shall remain as Chairperson of the High Council of Justice until the High Judicial Council is established up to 8 months from the entry into force of this law. The President shall then have the right to appoint judges of the High Court upon the proposal of the High Judicial Council in accordance with article 136 of this law. The President of the Republic shall have the right to appoint a judge to fill one current vacancy of the Constitutional Court under paragraph 2 of this article, followed by the Assembly which fills the other current vacancy in accordance with article 125 of this law.
Until a national election is held after the entry into force of this law, but not later than September 1, 2017, the election of High Justice Inspector, and Prosecutor General, shall be passed by 2/3 of the members of the Assembly, after which the elections shall be done by 3/5 of the members of Assembly.

Article 179-a

The mandate of officials elected or appointed in the constitutional organs and the organs established by law, which was obtained prior to the entry into force of this law, shall terminate or become invalid, if it is ascertained that the elected or appointed person falls in the ranks of the subjects which are exempted from the right to be elected, under Articles 6-1 and 45, point 3, of the Constitution.
Within 30 days from entry into force of this law, the Assembly shall approve the law providing for the conditions and rules for guaranteeing the integrity of the organs elected, appointed or exercising public functions, in accordance with the procedure of Article 81, point 2 of the Constitution.

Article 179-b

In order to re-establish the proper function of rule of law and true independence of the judicial system, as well as the public trust and confidence in these institutions a re-evaluation system is established.
The re-evaluation shall be carried out on the basis of the principles of the fair trial and conducted by respecting the fundamental rights of the assesse.
All judges, including judges of the Constitutional Court and High Court, all prosecutors, including the Prosecutor General, the Chief Inspector and the other inspectors of the High Council of Justice shall ex officio be re-evaluated.
All legal advisors of the Constitutional Court and High Court, legal assistants of the administrative courts, legal assistants of the General Prosecution Office shall ex officio be re-evaluated. Former judges or prosecutors, and former legal advisors of the Constitutional Court and High Court with at least three years of work experience in this function may undergo upon their request the re-evaluation process, if they fulfil the criteria regulated by law.
The re-evaluation shall be conducted by an Independent Qualification Commission (Commission). Its decision can be appealed by the assesse or the Public Commissioner. Appeals shall be considered by the Specialized Qualification Chamber (Appeal Chamber) which shall function within the Constitutional Court. During the transition period of 9 years the Constitutional Court shall consist of two chambers.
The Commission and the Appeal Chamber shall both operate and decide independently and impartially.
The decision of dismissal in the re-evaluation process constitutes a ground for the immediate termination of the exercise of functions, in addition to the grounds provided in the Constitution. Judges and prosecutors including seconded or former judges or prosecutors, who successfully pass the re-evaluation, shall remain or will be appointed judges and prosecutors. All other assessees who pass successfully the re-evaluation shall be appointed as judges or prosecutors under the conditions regulated by law.
The mandate of the Commission and the Public Commissioner expires after five years of operation. The Appeal Chamber shall cease to exist after nine years of operation. After the dissolution of the Commission pending cases shall be conducted by the High Judicial Council in accordance with the law. Pending cases of the prosecutors shall be conducted by the High Prosecutorial Council in accordance with the law. After the dissolution of the Public Commissioner their competences shall be exercised by the Chief Special Prosecutor of the Special Prosecution Office. The judges at the Appeal Chamber shall serve until the end of their 9 year mandate. Any appeals shall be adjudicated by the Constitutional Court.
The Assembly shall vote to repeal the Annex after the last re-evaluation decision became final following a report of the Chairperson of the Appeal Chamber sent to the Assembly or at the end of the mandate of the Appeal Chamber.
Additional provisions are laid down in the Annex ‘Transitional Qualification Assessment’. Details shall be regulated by law.

Article 180

International agreements ratified by the Republic of Albania before this Constitution enters into force are considered ratified according to this Constitution.
The Council of Ministers presents to the Constitutional Court the international agreements which contain provisions that come in conflict with the Constitution.

Article 181

The Assembly, within two to three years from the date this Constitution enters into force, issues laws for the fair resolution of different issues related to expropriations and confiscations done before the approval of this Constitution, guided by the criteria of Article 41.
Laws and other normative acts, adopted before the date this Constitution enters into force, that relate to the expropriations and confiscations shall be applied when they do not come in conflict with it

Article 182

Law No. 7491, dated 29.4. 1991, “On the Main Constitutional Provisions” as well as the other constitutional laws are abrogated the day this Constitution enters into force.