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The Supreme Court reopens the application procedure for a member of the Constitutional Court.
Referring to the announcements already announced by the President of the Constitutional Court for the 3 vacant positions, on 09.01.2017: 27.09.2018 and 14.02.2019, the President of the High Court has made a public announcement for their filling, respectively on 16.01.2017 : 21.11.2018: 19.04.2019. The first three calls resulted in an insufficient number of candidates. This situation has become a reason for the lack of further procedures by the Judicial Appointments Council, in order to fill the vacancies of constitutional judges by the Supreme Court. The same situation was created for 1 of the vacancies, announced in the fourth call, on 03.06.2021, specifically for Mrs. Vitore Tusha, whose mandate has ended “, it is said in the notification of the court.
In such circumstances, the President of the Supreme Court re-announces the call for filling the vacancy created by the end of the term of the judge of the Constitutional Court, for the remaining part of the 9-year term, which ends in March 2025.
The deadline for receipt of candidate applications is 30 days from the date of publication of the notice. After the expiration of this deadline, the High Court forwards to the Judicial Appointments Council the documentation submitted by the candidates for the evaluation of the conditions and criteria of their appointment to the Constitutional Court.
Candidates running for the mandate of constitutional judge elected by the Supreme Court must submit the necessary documentation proving the fulfillment of the conditions and criteria provided by Article 7 / ai of Law no. 8577, dated 10.02.2000, as amended, as follows:
1. A judge of the Constitutional Court may be elected an Albanian citizen who meets the following conditions:
a) to have full capacity to act;
b) to have completed higher legal education, Second Level Diploma
c) has not exercised political functions in the public administration and has not held leading positions in political parties during the last 10 years from the date of candidacy; ç) not to be in criminal proceedings and not to have been sentenced to imprisonment for committing a criminal offense;
d) not to have been removed from duty for disciplinary reasons and not to have a disciplinary measure in force;
dh) to have successfully passed the process of control and verification of his personal property and that of his family members, according to the law.
2. The candidate who meets the conditions provided in point 1 of this article, must meet the following criteria:
a) to have work experience not less than 15 years as a judge, prosecutor, lawyer, professor or lecturer of law, senior lawyer in public administration;
b) have a recognized activity in the field of constitutional law, human rights or other areas of law;
c) be evaluated for professional skills and ethical and moral integrity.
3. The fulfillment of the above criteria is evaluated based on:
a) seniority in the profession;
b) the special experience of the candidate in a certain field of law, or legal advisor of the Constitutional Court or the High Court;
c) postgraduate qualifications and training in the field of constitutional law, human rights or another field of law;
ç) scientific indicators, including scientific publications and articles in the legal field;
d) progress during the completion of higher legal education, with an average grade not less than 8 or equivalent, if the higher education has been completed abroad or the final evaluation in the School of Magistrates;
dh) information received from other public institutions. The list of candidates will be made public on the official website of the High Court, in order for public institutions, civil society organizations active in the protection of human rights, or created to protect the interests of users of the justice system to ‘ are given the opportunity to submit their opinions on the candidatures to the Judicial Appointments Council.
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