INTERNAL REGULATION OF THE SCHOOL OF MAGISTRATES

www.magjistratura.edu.al

Tirana on ________2017

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TABLE OF CONTENTS

CHAPTER I - GENERAL PROVISIONS

1. The object of the Regulation -------------------------------------------------------------------------2. The scope of the Regulation -------------------------------------------------------------------------3. The legal basis -----------------------------------------------------------------------------------4. Subjects ---------------------------------------------------------------------------------------5. Institutional Status --------------------------------------------------------------------------6. Location ---------------------------------------------------------------------------------------------7. The mission -----------------------------------------------------------------------------------------8. Objectives -------------------------------------------------------------------------------------9. The activity of the School of Magistrates -------------------------------------------------

CHAPTER II – THE COMPETITION AND THE RECOGNITION INTO THE PRIMARY EDUCATION

10. The registering of the candidates in the Program of the Primary Education ---------------------11. The documents which might be presented -------------------------------------------------------------12. Preliminary evaluation of candidates -----------------------------------------------------------13. The registering of candidates for legal assistants of courts and prosecution offices ---------14. The registering of candidates for chancellor ---------------------------------------------------15. The recruitment of candidates for magistrate and for the positions in the State Advocacy

------------------------------------------------------------------------------------------16. The recruitment of candidates for legal assistants in courts and prosecution offices -------------17. The recruitment of candidates for chancellor -------------------------------------------------------18. Commissions of examinations for the candidates for magistrate, for the positions of State

Advocacy and for legal assistant -----------------------------------------------19. Commissions of recognition’s examination for the candidates for chancellor --------------------20. The organization of the recognition’s examination for the candidates for magistrate, for

positions in the State Advocacy and of the legal assistant in courts and prosecution offices ---21. Recognition’s examination for the candidates for chancellor ---------------------------------------22. The examination for the councilors and legal assistants on duty as well as for ex-counselors

of the Constitutional Court and of the High Court -------------------------------------------23. The manner of the evaluation for the recognition’s examination for the candidates for

magistrate, for the positions in the State Advocacy and for legal councilors ---------------------24. The manner of the evaluation for the recognition’s examination for chancellors ----------------25. The manner of the evaluation for the examination for counselors and legal assistants on duty,

as well as for ex- counselors of the Constitutional Court and of the High Court --------------26. The declaration of the result of the recognition’s examination for the candidates for

magistrate and positions in the State Advocacy -------------------------------------------------------27. The declaration of the result of the recognition’s examination for chancellors in courts and in

prosecution offices ---------28. Verification of the property and of the figure for the candidates for magistrate ------------------

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CHAPTER III – CANDIDATES FOR MAGISTRATE

29. The registering in the Program of the Initial Training of the candidates for magistrate and for the positions in the State Advocacy -----------------------------------------------------

30. The card of candidate in the Initial Training --------------------------------------------------------31. The rights of candidates in the Initial Training --------------------------------------------------32. Obligations of candidates in the Initial Training --------------------------------------------------33. Disciplinary violations -----------------------------------------------------------------------------34. The participation in the directing activities of the School -----------------------------------------35. The assembly of candidates -----------------------------------------------------------------------36. The election of representatives in the Directive Council and in the Disciplinary Commission-

CHAPTER IV – PARAPROFESSIONAL AND PROFESSIONAL PRACTICE

37. The nomination in places of paraprofessional practice ------------------------------------------38. The mentoring and the control of paraprofessional practice for candidates for magistrate and

for state advocate ------------------------------------------------------------------------39. Paraprofessional practice of candidates for magistrate --------------------------------------------40. The mentoring and the control of paraprofessional practice -----------------------------------------

CHAPTER V – EVALUATION

41. The evaluation of candidates for magistrate and state advocates at the end of the second year ------------------------------------------------------------------------------------

42. The final evaluation for the candidates for magistrate and for the positions in the State Advocacy-----------------------------------------------------------------------------

43. The final evaluation for the candidates for legal assistant in courts and prosecution offices 44. The final evaluation for the candidates for chancellor ----------------------------------------45. The evaluation for counselors or legal assistants on duty, as well as for the ex-counselors of

the Constitutional Court and of the High Court non magistrates ------------------------------46. The evaluation of chancellors on duty --------------------------------------------------------------47. The ranking of candidates for magistrate --------------------------------------------------------

CHAPTER VI – CONTINUOUS FORMATION

48. The program of the continuous formation --------------------------------------------------------------49. The registration in the courses of the Continuous Formation ---------------------------------------50. The Certificate of the Continuous Formation ----------------------------------------------------------51. The program of the continuous formation for state advocates -------------------------------------52. The program of the continuous formation for judges and prosecutors who do not pass vetting 53. The program of the continuous formation for chancellors -------------------------------------------54. The manner of the selection of trainers/experts -------------------------------------------55. Trainers, experts, moderators and facilitators of the Continuous Formation -----------------

CHAPTER VII – GENERAL DIRECTION

56. Directive Council ----------------------------------------------------------------------------------

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57. The meeting of the Directive Council ------------------------------------------------------------------58. Sentences of the Directive Council -------------------------------------------------------------------

CHAPTER VIII – ACADEMIC DIRECTION AND DISCIPLINARY PROCEDURE

59. Pedagogical Council ------------------------------------------------------------------------------60. The competences of the Pedagogical Council --------------------------------------------------------61. Disciplinary commission -----------------------------------------------------------------------------62. Disciplinary proceeding ------------------------------------------------------------------------------63. Violations and disciplinary measures ------------------------------------------------------------------

CHAPTER IX – ORGANISATIVE STRUCTURE

64. Internal organization --------------------------------------------------------------------------65. Director ---------------------------------------------------------------------------------------------66. Internal lecturers ---------------------------------------------------------------------------67. Chancellor --------------------------------------------------------------------------------------------68. Academic Councilor ------------------------------------------------------------------------------69. Sector of finance -----------------------------------------------------------------------------------70. Sector of services and of the Technology of Information -------------------------------------71. Sector of Professional Formation -------------------------------------------------------------------72. Sector of Studies and Publications -----------------------------------------------------------73. Library -------------------------------------------------------------------------------------------

CHAPTER X – LABOUR RELATIONS

74. The Administrate of the School of Magistrates ------------------------------------------------------

CHAPTER XI – FORMAL DISCIPLINE, MOVEMENT TO SCHOOL AND OUT OF IT, DISCIPLINARY MEASURES

75. Basic principles of the ethics at work -------------------------------------------------------------------76. Respectation of the ethics at work -----------------------------------------------------------------------77. Formal discipline, movement in institution and out of it -----------------------------------------78. Disciplinary violations ----------------------------------------------------------------------------------79. Types of disciplinary measures ------------------------------------------------------------------------80. Delegating ----------------------------------------------------------------------------------------------

CHAPTER XII – GENERAL RULES OF ENTRANCE, TREATMENT AND THE EXIT OF DOCUMENTS

81. Official seal of the School of Magistrates --------------------------------------------------------82. The procedure for the entrance of the Information to School ---------------------------------------83. Deadlines of the treatment of correspondences --------------------------------------------------------84. The manner of the composition of the documentation -----------------------------------------------85. The organization of the work with documentation ----------------------------------------------------

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86. The manner of the creation and of the administration of the fund of tests -------------------------87. Preservation and elimination of the documentation of the secretary of archive ------------------

CHAPTER XIII – FINAL PROVISIONS

88. Final provisions ------------------------------------------------------------------------------------89. Annexes of the regulation ----------------------------------------------------------------Annex nr.1 request for application -----------------------------------------------------------------------Annex nr.2 the procedure of the organization of the test for the selection of candidates to the School of Magistrates ------------------------------------------------------------------------Annex nr.3 declaration for the evaluation of the impartiality of the members of the jury of the recognition’s test -----------------------------------------------------------------------------------------------Annex nr.4 declaration for the recognition and the acceptance of the rules of the examination ---Annex nr.5 rules of the test of mental and psychological health ------------------------------Annex nr.6 rules for the administration and the monitoring of the recognition’s examination close to the School of Magistrates ---------------------------------------------------------------------------Annex nr.7 the agreement of registration --------------------------------------------------------------Annex Nr. 8 Sample agreement with professors/specialists ------------------------------------------Annex nr.9 rules of clothing -----------------------------------------------------------------------Annex nr.10 on the evaluation of the candidates in the Initial Training and the models of the schemes of the process-verbal of the evaluation --------------------------------------------Annex nr.11 the criteria of the selection of professors/lecturers and of the experts of the School of Magistrates and accompanying documentation -------------------------------------------------Annex nr.12 unified model of the educative plan and program of each subject and corresponding matrices -------------------------------------------------------------------------------------Annex nr.13 sample list of documents and terms of preservation -------------------------------------Annex nr.14 job descriptions ----------------------------------------------------------------------Annex nr. 15 regulation of the editions of scientific texts of the School of Magistrates and of “Jeta Juridike” journal -------------------------------------------------------------------------Annex nr.16 regulation of the Library of the School of Magistrates ------------------------------90. Entering into force ----------------------------------------------------------------------------------------

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INTERNAL REGULATION OF THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA

CHAPTER I

GENERAL PROVISIONS

Article 1

Object of Regulation

The internal Regulation of the School of Magistrates of the Republic of Albania establishes the normative rules for the relations which are created among participating subjects in its activity, through which are established the rights and the obligations of the candidates for magistrate and other legal professions, which are trained in the Program of the Initial Training, the rights and obligations for judges and prosecutors on duty for their formation in the Program of the Continuous Training, rules for lecture giving, qualification and evaluation of professional capacities, as well as their relations with directive organs and the administration of the School, the internal administrative structure and its functioning.

Article 2

The scope of the Regulation

1. The Regulation intends:a) To concentrate in a single document more detailed rules for all the legal framework

which is related with the well-functioning of the School of Magistrates and which is found spread in the main laws which arrange the organs of the governing in the justice system, the organization of the judicial power and the status of judges and prosecutors with the main scope, to make simpler the application by the decision-taking, directive, administrative and pedagogical structures of the School;

b) To assure in a more detailed manner the application of the internal judicial framework necessary for the well-functioning of the activity of the School, to assure the same rules for the pedagogical and administrative discipline, as well as to guarantee the active participation of all subjects, in the initial and continuous education programs of the School, as well as in other activities organized from it, according to the law.

Article 3

Legal basis

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The legal basis of this Regulation is the law no. 115/2016 “On the organs of the management of the justice system”, law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, law no. 98/2016 “On the organization of the judicial power in the Republic of Albania”, law no. 97/2016 “On the organization and the functioning of the attorney in the Republic of Albania”, law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as other legal acts which are related with the activity of the School of Magistrates.

Article 4

Subjects

1. Subjects of this Regulation are:a) Candidates for magistrate, for the positions in the State Advocacy, for legal assistant, for

chancellors in courts and attorneys; b) Legal counselors close to the Constitutional Court and High Court, legal assistants close

to the administrative courts and General Attorney, former legal counselors of three years of experience in the Constitutional Court and High Court, as well as former judges and former prosecutors who follow the Program of the Initial Formation, because of the process of their re-evaluation

c) Judges, prosecutors, experts, moderators, facilitators and all other participants in the Program of the Continuous Formation;

d) Internal and external professors, administrative personnel, Pedagogical Council, Disciplinary Council, Directive Council, High Council of Justice and Attorney’s High Council.

Article 5

Institutional Status

The School of Magistrates is a public judicial person, whose rights, duties and responsibilities are established by the law.

Article 6

Residence

The School of Magistrates has its residence in the street “Elbasanit”, close to Fakultetit Gjeologji Miniera, IVth floor, Tirana.

Article 7

Mission

The strategic mission of the School of Magistrates is the professional formation of magistrates, but even of other important actors of the justice system, of high professional, moral and ethical

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qualities, intending the growth of quality and the giving of justice, as a service for the citizens and the consolidation of the legal state.

Article 8

Objectives

1. The School of Magistrates has these objectives in its activity:a) The realization of the proofs of recruitment and of lecture giving for the three- years

program of the Initial Formation of candidates for judges and prosecutors, through the preservation of the institutional stability of the School of Magistrates, either from the content of the Initial Training or from the objectivity of the selectioning of the candidates for magistrate, their formation and evaluation;

b) The organization and the development of training sessions, through the consolidation of the Continuous Training of judges and prosecutors on duty, and legal counselors and chancellors who work in courts and prosecutions, the qualitative orientation of their thematic on the basis of the level of qualification of magistrates, in general and specific matters, which are related with their duties, in the ground of legal education;

c) The realization of transparent and objective process of the recruitment of candidates for the positions of State Advocacy, according to the same procedure which is done for the recruitment of the candidates for magistrate and the realization of the Program of their Initial Formation of a two-years time duration;

d) The organization of a transparent and objective process of recruitment of candidates for legal assistants according to a specific procedure specified in this Regulation and the realization of their Program of the Initial Formation of nine months time duration;

e) The realization of transparent and objective process of the recruitment of candidates for chancellor of the courts and prosecutions, according to a specific procedure specified in this Regulation and the realization of the Program of their Initial Formation of three months time duration;

ë) the accomplishment of all the functions which derive from the law no. 84/2016 “On the transitory re-evaluation of judges and prosecutors in the Republic of Albania”, related with the legal counselors close to the Constitutional Court and High Court, legal assistants close to the administrative courts and Attorney’s General, former legal counselors of over three years of experience to the Constitutional Court and High Court, as well as former judges and former prosecutors who follow the Program of the Initial Formation;

f) The realization of publications and search-scientific work, as an essential condition for the increase of the professional level of the candidates of all the profiles of the Programs of the Initial Training and of the magistrates on duty and of other legal professions on duty, participants in the Program of the Continuous Training, along with the scope of their inclusion as authors in the preparation of these editions and publications;

g) The offering of qualitative conditions of work for the development of the academic and administrative activity, intending the consolidation and the growing of the stability of the School of Magistrates, as a contemporary institution.

Article 9

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The activity of the School of Magistrates

1. The activity of the School of Magistrates is oriented in these main directions of:a) The recruitment and the initial formation of the candidates for magistrate, for the

positions of State Advocacy, for legal assistant and for chancellor in courts and prosecutions;

b) The continuous professional formation of magistrates on duty, of state advocates on duty, of legal assistants and chancellors on duty, in courts and prosecutions, as well as of other legal professions;

c) Of the ground of Publications and scientific researches. a) During the process of the transitory evaluation of judges and prosecutors, the activity of

the School of Magistrates will be oriented even in the direction of: The realization of the test for legal counselors of the Constitutional Court, legal assistants of the High Court, of the Administrative Court, as well as legal assistants of the General Attorney, who are not magistrates, as well as for former legal counselors in the Constitutional Court and in the High Court, of three years of experience;

b) The realization of the process of the Initial Formation, through the following of a two-years education program for the subjects envisaged in the letter a) of this article, who desire to enter into the system;

c) The realization of the process of the Initial Formation, through the following of a one-year education program, for judges and prosecutors on duty, who do not pass the system of professional reevaluation;

d) The realization of the test for former judges and former prosecutors who desire to enter in the system, for whom there are not evaluation reports on their professional abilities.

CHAPTER KREU II

THE COMPETITION AND THE RECOGNITION INTO THE PRIMARY EDUCATION

Article 10

The registration of candidates for magistrate and the criteria of recognition

1. The School of Magistrates, with 1 (one) calendar week from the data of the establishment and of the publication of the maximal number of magistrates, from the High Council of Justice, for the candidates for judge and from the Attorney’s High Council, for the candidates for prosecutor, but not later than February 1st, publicizes the notification for the presentation of the requests of the appliers to compete in the recognition’s test making recognizable the date of the examination, documents which might accompany the requests, the date of the end of the deadline for their presentation, as well as the list of the subjects which will serve as basis for the test of candidates.2. The publication of the notification is done:

a) In the official website of the High Council of Justice, of the Attorney’s High Council and of the School of Magistrates;

b) In at least one of the newspapers of the highest number of copies in the country.

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3. The registration is done in accordance with the law no. 115/2016 “On the organs of the management of the justice system”, as well as with the conditions established in the articles 29, 30 of the law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”.

4. Each person has the right to candidate in the School of Magistrates, to be accepted in the Initial Formation for magistrates, if meets the following criteria:a) has a complete capacity to act;b) is an Albanian citizen;c) Has completed the second cycle of university studies for justice, of “Master of science”

diploma, or equivalent to it, according to the definitions of the legislation on the high education”, referring to the article 124 of the law no. 80/2015 “On the high education”. Their graduation has to be based in the completion of a program in accordance with the 5-year Bologna’s system, or to have been graduated as “Jurist” on a university diploma gained before the adaption of studies according to Bologna’s system in a 4-year program, which is equivalent with an “Integrated Diploma of the Second Level, (IDSL)”;

d) Has the general average grade over 8 (eight), on the condition of not falling down this grade even the average of the grades of the group of the main subjects, where get included: The Civil and Obligation Law, The Penal Law, (General and Specific Part), Civil Procedure, Penal Procedure, Administrative Law and Constitutional Law. For those graduated as "Jurist" in university programs in foreign language, is anticipated a score of difficulty equivalent with 1.2 which will poise their factual average grade.;

e) Has given the state test for jurist in Albania, or has accomplished, in minimal points established from the School of Magistrates, university studies for justice in a member country of the European Union and might have gained a diploma equivalent to it, according to the definitions of high education legislation”, equivalenced according to the rules for the equality of diplomas envisaged through the law;

f) has at least three years of full time active professional experience, after the graduation in the complete cycle of university studies, in the judicial or prosecutorial system, in public administration, free legal professions, lecture-giving in justice faculties, or in every other position in equivalence with them, in the private sector or in international organizations;

g) is not be condemned by an in effect penal sentence;

h) is not be removed from duty for disciplinary causes, as well as might not have received disciplinary precautions in force;

i) is not be member of political parties in the time of candidating;j) has not been member, collaborator or favourised from State Security before the year

1990;k) Has not been collaborator, informer, or agent of secret services.

5. The right to compete in the School of Magistrates belongs to each student up to three times, starting from the academic year 2011-2012.

6. Is not permitted to compete in the School of Magistrates its inner staff, as well as family members or persons related with them, for a period of time up to one year from the time of the interruption of their work relation with the School of Magistrates.

7. The candidate for the positions of the State Advocacy is subjected to the same rules for the registration and the competition like the candidates for magistrate.

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Article 11

Documents that might be presented

1. In the personal file of registration, the student might present the following documents, or their notarized copies:a) Personal request where are presented the causes of the motivation to follow the Program

of the Initial Training, the request for the chosen profile as judge, prosecutor. The request is completed in the unique form spread by the School of Magistrates (Annex 1). In case the applicant has chosen more than one profile as magistrate, then the file with the documentation of application will be transmitted to the High Council of Justice, or to the Attorney’s High Council;

b) The declaration where guarantees the authenticity of the documentation he represents, filled according to a form envisaged in the Annex 1 of this Regulation;

c) University and post university diplomas of the followed studies;d) Evidences/certificates of the English Language Proficiency on the basis of the

international tests recognized from the Ministry of Education and Sport. The knowledge of the English language has to be at least in the basic level, for IELTS 5.0 points, TOEFL 35-40 points, and so on in analogy with them, etc.;

e) Life description;f) identity card; g) self-declaration of the judicial status; h) Legal-medical report for his general and specialized capability in the context of the

accomplishment of the duty as magistrate;i) Evidences, certifications and recommendations from persons or institutions of work

during the three last years; j) Recommendation by the last employer, which verify that is not removed from duty for

disciplinary causes, as well as not having disciplinary precaution in force;k) Declaration which verifies of not being member of political parties in the time of

candidating; l) Declaration of not having been member, collaborator or favourised from State Security

before the year 1990; as well as of not having been collaborator, informer, or agent of secret services;

m) Employment record book which evidences the period of work seniority.

Article 12

Preliminary evaluation of candidates

1. The Director of the School creates a commission for the verification of the above mentioned documentation, composed of the representatives of the academic and administrative staff.

2. Up to march 15th of each year, the School of Magistrates performs a preliminary evaluation, if the candidate meets the criteria of candidating. If the presented documentation does not verify completely the meeting of criteria, is not complete,

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correct, or there are reasonable doubts on its authenticity, the School of Magistrates may ask for additional information from public organs or the employees of the candidate.

3. The School of Magistrates represents to the Councils the report on the results of the preliminary evaluation, along with the files with documents of candidating for each candidate. Councils may give comments or oppositions no later than at the end of the month of March of each year.

4. The School of Magistrates approves the report of the final evaluation, considering comments and oppositions done and publicizes the final report of evaluation in its official website, including the list of candidates, who meet the criteria envisaged by the law 96/2016 and in this regulation.

5. Every candidate, who is not included in the list of candidates, who meet the criteria, has the right to exercise the legal means of appeal, envisaged in the law 115/2016 “On the organs of the management of the justice system” and corresponding sublegal acts.

6. Registered candidates are subjected to the recognition’s examination. Registered candidates are subjected to the recognition’s competition. Registration fee for the participation in the competition is 10 000 lekë.

7. Competitors who are not declared winners may withdraw their original documents handled for competition at the end of the contest. A copy of this documentation is kept to School.

Article 13

Registration of candidates for legal assistants of courts and prosecutions

1. After the definitioning from HCJ and AHC of the number of vacancies for the candidates for legal assistant, the School of Magistrates notifies the interested candidates for the presentation of the requests for the recognition’s test for the initial formation, through the notifications publicized close to all courts, in their official websites, as well as in the official websites of HCJ and AHC and of the School of Magistrates.2. Notification makes public the date of the test, documents which might accompany the requests, the date of the completion of the deadline for their presentation, as well as the list of subjects which will serve as basis for the testing of candidates.3. Competitors for candidate for legal assistant of courts and prosecutions are subjected to the same rules, to the same criteria for the registration as competitors for judge and prosecutor, as well as might handle the same documents.4. HCJ and AHC establish the list of candidates who are qualified to take part in the recognition’s examination.

Article 14

Registration of candidates for chancellor

1. After the establishment from HCJ and AHC of the number of vacancies for chancellor, the School of Magistrates notifies the interested candidates for the presentation of the requests for the recognition’s examination for the initial formation, through the notifications publicized close

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to all courts and prosecutions, in their official websites, as well as in the official sites of HCJ, of AHC and of the School of Magistrates.2. Competitors for candidate for chancellor of the courts and prosecutions are subjected to the same rules like the competitors for judge and prosecutor, as well as might handle the same documents.3. The criteria of the recognition of the candidates for this category are the same with the above categories with the exception of two specific criteria:

a) To have completed, the second cycle of university studies for justice or economy, with the diploma “Master of sciences”, or equivalent with it, according to the definitions of the legislation of the high education. Diplomas, which are taken out of the country, might be known preliminarily close to the responsible institution for the equivalenting of diplomas, according to the legislation in force;

b) To have professional experience over eight years, of which at least three years in administering positions or five years in the judicial system.

4. HCJ and AHC establish the list of candidates who are qualified to take part in the recognition’s test.

Article 15

The recruitment of candidates for magistrate and for the positions of State Advocacy

1. The recruitment of candidates for magistrate is done versus a competition at least in the written form, according to the detailed procedures in the law 115/2016, in the law 96/2016, in the law “On the State Advocacy” and in this Regulation with corresponding annexes.

2. The School of Magistrates accepts applications for the recognition in the initial formation up to the end of the month of February of each year.

3. The competition of candidates for the School of Magistrates is done at the end of the month of April of each year and is opened for all candidates included in the list of candidates, as is established in the procedures of evaluation, envisaged in the article 30 of the law 96/2016.

4. The School of Magistrates establishes detailed, clear, transparent and objective rules, for the development of the recognition’s test, which might guarantee equal conditions of competition, the anonymity of participants in the written test, the rule and tranquility in the places where is done the recognition’s examination, as well as to make public the system of the evaluation of the examination and the measures on the participants in the competition, who act in opposition with these rules. Details of these rules are given in the Annex 2 of this Regulation "Procedures of the organization of the examination ".

5. For the monitoring of the recognition’s examination, the School of Magistrates invites home and foreign experts, who have the right to follow actively all the competition procedures. Home experts are not allowed to be in the profession of jurist.

6. The School of Magistrates composes the list of the ranking of candidates, according to the results of the examination and publicizes the approved list, up to the 15th of May of each month, showing into the list the maximal number of the candidates accepted in the initial formation, in harmony with the sentence of the Councils, taken according to the definitions of the article 29 of the law 96/2016.

7. Each candidate has the right to exercise the legal means of appeal, envisaged in the law 96/2016.

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Article 16

The recruitment of the candidates for legal assistants in courts and prosecutions

1. The recruitment of the candidates for legal assistant in courts and in prosecutions is done versus competition, at least according to the procedures detailed in the law 115/2016, in the law 96/2016 and in this Regulation with the corresponding annexes.

2. The competition for the candidates for legal assistant of the courts and prosecutions are subjected to the same competition like competitors for judge and prosecutor.

3. The School of Magistrates accepts the applications for the acceptance in the Initial Formation of legal assistants up to the end of the month of February of each year and organizes the examination for their Initial Formation within the month of April.

4. The School of Magistrates establishes detailed, clear, transparent and objective rules, for the making of the recognition’s examination, its monitoring according to the procedures detailed in the Annex 2 of this Regulation “Procedure of the organization of the examination”.

Article 17

The recruitment of candidates for chancellor

1. The competitors for the candidate for chancellor are subjected to the rules and the procedure of the competition in two phases (electronic and written form), according to a special program, which is approved from the School of Magistrates. This competition is done once in three years.

2. The recruitment of the candidates for chancellor is done versus the competition at least in the written form, according to the detailed procedures in the law 115/2016 and the law 96/2016 and in this Regulation with the corresponding annexes.

3. The School of Magistrates accepts the applications for the recognition in the Initial Formation of chancellors up to the end of the month of august, every three years, and organizes the examination for the Initial Formation of chancellors within a month from the issuing of the list with the names of applicants registered for competition.

4. The School of Magistrates organizes the examination for the recognition in the Initial Formation of chancellors in accordance with the rules envisaged by the law 115/2016 “On the organs of the management of the justice system”.

5. The School of Magistrates establishes detailed, clear, transparent and objective rules for the making of the recognition’s examination, whose details are given even in the Annex 2 of this Regulation “Procedure of the organization of the examination”.

Article 18

The commissions of the recognition’s test for the candidates for magistrate, for the positions of the State Advocacy and for legal assistant

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1. Monitoring commission of the electronic evaluation is established from the Directive Council and in its compositions is a representative of the Directive Council and one or two technical experts, for the reading of scan tron results.

2. The Commission of professional evaluation, according to the case, is composed of 5 up to 7 persons, nominated from the Directive Council, of whom 2-3 internal professors and 3-4 external professors of lecture-giving of lecture-giving experience in the School of Magistrates of over five years. These recent ones cannot be two times subsequently commission members.

3. The number of commission members is established through a sentence of the Directive Council in the day when are established their names and will be depending from the type of thesis created from the selection performed from the competitors.

4. Commission of the mental and psychological health is composed by the Directive Council in cooperation with the Health Ministry, composed of two psychiatrists and two psychologues. An internal professor of the School of Magistrates takes part as observer in the meetings of this commission during all the evaluation.

5. Members of the commission, before accepting the duty, might sign a declaration on their impartiality in the exercisement of this function, according to the model envisaged in the Annex 3 of this Regulation.

6. According to the regulations established in the points 1, 2, 3 and 4 are composed even the Commissions of the examination of the professional for legal counselors in the Constitutional Court, legal assistants in the High Court, in the administrative court, as well as in the General Attorney.

Article 19

Commissions of the recognition’s examination for the candidates for chancellor

1. The Monitoring Commission of the electronic evaluation for candidates for chancellor is established by the Directive Council and in its composition is a representative of the Directive Council as well as one or two technical experts, for reading scan tron results.

2. The Commission of professional evaluation, is composed of 3-4 persons, nominated from the Directive Council, of whom 1 inner professor and 2-3 outer professors of lecture-giving experience in the School of Magistrates and/or in the Economic Faculty over five years. These last ones might not be two times subsequently members of the commission. The number of the members of the commission is decided by a sentence of the Directive Council in the day when are selected their names and will be dependent from the kind of the created thesis by the selection performed from the competitors.

3. Members of the commission, before accepting their duty, might sign a declaration on their impartiality in the exercisement of this function, according to the model envisaged in the Annex 3 of this Regulation.

Article 20

The organization of the recognition’s examination for the candidates for magistrate, for the positions of the State Advocacy and legal assistants in courts and prosecutions

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1. The results of all tests for all the categories and profiles have effect for the candidate only for the year when competes. Candidates, in the future years, get subjected to a competition from the start for all the types of the test. Recognition’s test in the School of Magistrates for the candidates for magistrate, for the positions in the State Advocacy and of the legal assistant in courts and prosecutions will be done at least in the written and/or in the oral form under monitoring, organized in three phases in different days. First phase of qualifying nature, in electronic evaluation, is organized in one day. The model of the test of examination, approved from the Directive Council, in the first phase will be organized in the form of questions with alternatives. Which test knowledge of general intellectual, linguistical and professional character, where the answers are given in a systematical manner without words, according to the scan tron technique. (The model of the answer sheet attached).

2. The examination will be done in the same hall and will be evaluated electronically there, in the presence of the participants.

3. Candidates are qualified in the first phase, if they have collected no less than 60% of the points.

4. After the passing of this test, winning candidates of the first phase enter into the second phase of the competition, which is the professional test, which contains the theoretical part from the grounds of law, envisaged in the program of the recognition’s examination and the practical part with two cases from the judicial practice. Examination’s questions are the same for all the competitors and are established on draw done by one or some competitors, for each group of questions separated according to the grounds.

5. Winning candidates of the second phase enter into the third phase, where get subjected to the test of mental and psychological health. The methodology of the testing of the mental and psychological health will be done in the written form, in the form of questions with alternatives and in the oral form, combined with the interviews in group and individually, according to the rules envisaged into the Annex 5 of this Regulation.

Article 21

Recognition’s examination for the candidates for chancellor

1. The recognition’s examination in the School of Magistrates, for the candidates for chancellor will be done at least in the written form under monitoring, organized in two phases in different days.

2. The first phase of qualifying nature, of electronic evaluation is organized in one day. The model of the examination thesis, approved from the Directive Council, in the first phase will be the same with the thesis of the examination of the same kind for magistrates and state advocacies. The examination will be done in the same place and will be evaluated electronically there, in the presence of the participants.

3. Candidates are qualified in the first phase, if they have collected no less than 60% of the points. After the passing of the electronic evaluation, candidates enter in the second phase of the competition, as a professional testing which is done in the written form in a specific day, only for this category. Professional test has three questions from the theoretical part from the grounds of the economical and financial law, envisaged in the program of the recognition’s examination and the practical part with a case from the judicial practice. Questions of the

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examination are the same for all the competitors and are established on draw, done by one or some competitors, for each group of questions divided according to the grounds.

Article 22

The examination for counselors or legal assistants on duty as well as for former counselors of the Constitutional Court and of the High Court

1. The examination in the School of Magistrates for the evaluation of the professional ability for legal counselors and assistants on duty, as well as for the ex-counselors of the Constitutional Court and of the High Court will be done at least in the written form and under monitoring, organized in two phases in different days. The first phase is of qualifying nature and is organized according to an electronic evaluation, in one day. The model of the thesis of the examination, approved from the Directive Council, in the first phase will be the same with the thesis of the examination of the same kind for magistrates and positions for the State Advocacy and is organized in the form of questions with alternatives, which test knowledge of the general intellectual, lexical and professional character, where the answers are given systematically without words, according to the scan tron technique. (The model of the answer sheet attached).

2. The examination will be done in the same hall and will be evaluated electronically there, in the presence of the participants. Candidates are qualified in the first phase, if they have collected no less than 60% of the points. After the passing of this testing, winning candidates of the first phase enter in the second phase of the competition, which is the professional test, which has a practical nature with 3 cases from the judicial practice, from civil and civil procedural grounds, penal and penal procedural as well as from family, trade and labor grounds, administrative and constitutional. The questions of the examination are the same for all the competitors and are established on draw done by one or some competitors, for each group of questions, separated according to the grounds.

Article 23

The manner of the evaluation for the recognition’s test for candidates for magistrate, for the positions in the State Advocacy and for legal assistants

1. In the first phase, thesis of the electronic evaluation is evaluated maximally with 100 points. The thesis is going to have maximally 100 questions/100 points and will be structurised in 9 rubrics, of which 8 with 10 points each and the Albanian language which is going to have 20 questions/1 point each. (The model of the thesis attached).

2. Thesis of the first phase will be composed of: 1) The test of intelligence (logics, geography, etc.); 2) International relations– EU – History – Comparative Law; 3) Albanian Language; 4) Psychology - Communication; 5) Ethics and civilian behavior ; 6) The Constitutional Law-Human Rights – Administrative Law; 7) The Family Law - The Labor Law - Commercial Law 8) The Civil Law - Civil Procedure; 9) The Penal Law - The Penal Procedure.

3. In the second phase, the professional test is evaluated maximally with 350 points, of which with 250 points is evaluated the theoretical part which is divided: 50 points for the theoretical part of the civil law, of the penal law, civil procedure and penal procedure and with 50 points

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is evaluated the theoretical part of the other branches of the law, as: a constitutional law and the administrative law, family law, labour law, commercial law, EU law and human rights. The part of practical cases is evaluated with 100 points, from 50 points for each practical case.

4. The nature of the psychological health, in which are included candidates which are qualified from the second phase, will be in the written form in the form of questions with alternatives and orally in the form of group and individual interviewing. The evaluation of the commission of the psychological test and of the mental health is of qualifying and disqualifying nature. After this testing, the list of candidates qualified for judges and prosecutors is transmitted to HCJ and AHC to perform the phase of the verification of the property and of the figure. Indicators and the manners of this evaluation will be detailed in the Annex 5 of this Regulation. Points of the electronic evaluation and the achieved result in the test of the mental and psychological health are not united with the points of the Professional Test in the recognition’s competition.

Article 24

The manner of the evaluation for the recognition’s examination for the candidate for chancellor

1. In the first phase, thesis of the electronic examination is evaluated maximally with 100 points and has the same structure and the same evaluation like that of the recognition’s examination for magistrates and state advocacies. In the second phase, the professional test is composed of three theoretical questions and a case and is evaluated maximally with 200 points, of which: with 150 points is evaluated the theoretical part, which is divided in:50 points for the theoretical part of the civil law and civil procedure;50 points for the theoretical part of the management of the courts and social and psychological communication and 50 points is evaluated the theoretical part of the economical, financial, administrative procurement grounds, etc. The practical case is selected from a fund of thesis of all the grounds of the judicial practice and is evaluated with 50 points.

Article 25

The manner of the evaluation for the test for counselors and legal assistants on duty, as well as for the former counselors of the Constitutional Court and of the High Court

1. The School of Magistrates has the obligation for the organization of the examination for legal counselors of the Constitutional Court, legal assistants of the High Court, of administrative courts, legal assistants in the General Attorney, inspectors in the High Justice Council.

2. Former counselor of the judge close the Constitutional Court and close the High Court, if has at least five years professional experience in the ground of justice, including at least three years as the counselor of the judge or legal assistant in these courts, may ask to be subjected to this professional testing close to the School of Magistrates. In the first phase, thesis of the electronic test is evaluated maximally with 100 points and has the same structure and the same evaluation like that of the recognition’s examination for the candidates for magistrate and state advocacies. In the second phase, the professional test is evaluated maximally with

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150 points, where a theoretical question and two practical cases are evaluated with 50 points each. After the passing with 60% of the total points benefitted from this testing, they have the right to follow the one-year theoretical program of the School of Magistrates.

3. The Directive Council establishes rules for the time of the following of the one-year theoretical program in the School of Magistrates.

Article 26

The announcement of the result of the recognition’s examination for the candidates for magistrate and positions in the State Advocacy

1. After the completion of the recognition’s examination for the candidates for magistrate, for state advocacy are announced the results of the written test, as well as its winning numbers. The opening of envelopes and the announcement of the results of each candidate, by joining the name with the number of his secrecy, is done in the presence of the candidates in the time and in the place notified preliminarily by the administration of the School, in the presence of the commission of the examination. The candidates are ranked, according to the highest results of points, in the countdown order, up to the completion of the number established by the High Council of Justice and Attorney’s High Council for both profiles and the rest for state advocacy, or legal assistant, according to the number defined with the interested institutions, but, without coming to the candidates who have taken less than 60% of the total of the maximal points in the written test.

2. Candidates who have achieved the highest results and who are included within the numbers established by the organs envisaged by the law pass into the test of mental and psychological health. After the announcement of the result from the Commission of the written examination and from the Commission of the test of the mental and psychological health, the School of Magistrates makes the final ranking of the candidates according to the highest results and the choice of the profile they want to follow.

3. To make the choice of the profile they want to follow, the right of choice is given to the first, to the candidate with the highest result and continues in a countdown way, up to the selection of the candidate of the last position. The right of choice is exercised in a public way and is accompanied with the signature of a personal declaration by each candidate. Is not permitted bilateral agreement between candidates to transfer to each-other the right of choice. If results that there are two candidates with equal results, the right of choice is of the candidate who has taken more points in the questions of cases. If the result comes again the same, the right of choice is established on draw. Within the date of May 15 th, the School of Magistrates publishes the approved list with the maximal number of the candidates accepted in the Initial Formation.

4. Every competitor has the right of the written appeal close to the Directive Council of the School of Magistrates on the results of the test, only for violations of the procedural character. Each candidate has the right to exercise the legal means of the appeal, envisaged in the law 96/2016. They have the right to appeal only on the procedure of the making of the recognition’s examination, or on mistakes of mathematical nature of the pointing of the candidate and not on the nature of the evaluation done from the member of the commission.

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5. The list of the competitors is sent respectively to the High Council of Justice, for the competitors who have chosen the profile for judge in the phase of the application; Attorney’s High Council, for the competitors who have chosen the profile for prosecutor; as well as the State Advocacy for the positions in this Institution. The list with the results of the competition is sent to the Directive Council of the School of Magistrates, which notifies the list of winning names. For the announcement of the result of the recognition for the competitors for candidate for legal counselors of courts and prosecutions, are applied the same rules as for the competitors for judge and prosecutor.

Article 27

The announcement of the result of the recognition’s examination for the chancellors in courts and in prosecutions

1. After the completion of the recognition’s examination for the candidates for chancellor in courts and prosecutions are announced the results of the written test, as well as its winning numbers. For the opening of the envelopes, the announcement of the results, as well as for the right of appeal are applied the same rules envisaged as for the candidates for magistrate.

2. The list of the competitors is sent respectively to the High Council of Justice, for the competitors who have chosen the profile of the chancellor in court in the phase of the applications and of the Attorney’s High Council, for the competitors who have chosen the profile of the chancellor of the prosecutor.

Article 28

Verification of the property and of the figure for the candidates for magistrate

1. The School of Magistrates prepares the list of the candidates, ranked according to the results of the test in accordance with this Regulation.

2. The list of the candidates with high results is sent respectively to the High Council of Justice, but the competitors who have chosen the profile for judge and Attorney’s High Council, for the competitors who have chosen the profile for prosecutor.

3. The High Council of Justice and the Attorney’s High Council, within 1 week from the publication of the final list, start the procedure for the verification of the property and of the figure of the competitors, in accordance with the law “On the status of judges and prosecutors in the Republic of Albania“(articles 31, 32 of the law 96/2016.)

4. Up to September 5th, the Councils decide on the acceptability of the candidates for magistrate for the results of the verification of the property and figure. After the completion of the procedure of the verification and of the phase of the appeal, no later than the end of the month of September, the Councils approve and publicize the finalist of the magistrate candidates who are accepted in the School of Magistrates, in the Initial Formation, in harmony with the number established and according to their ranking.

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CHAPTER III

CANDIDATES FOR MAGISTRATE

Article 29

Registration in the Program of the Initial Training of the candidates for magistrate and for the positions in the State Advocacy

1. The Directive Council of the School of Magistrates publicizes for each profile a list of competitors.

2. Candidates for magistrate and for the positions in the State Advocacy announced winners sign the agreement of registration, which envisages the rights and responsibilities for the frequentation of the Program of the Initial Formation.

3. After the signature of this agreement, the candidate for magistrate and for the positions in the State Advocacy is considered registered in the School of Magistrates, on the basis of the law 115/2016 “On the organs of the management of the justice system” and the Annex 7 of this Regulation The agreement of the registration anticipates the rights and the obligations of the candidate for the acceptance of the program of the training in School, Regulation of the School, educating load, methodology and the organization of the Initial Training. Part of the agreement is even the form of the registration with its personal data. The refusal for the signature of the agreement of registration brings, as consequence, the omission from the list of winners and the loss of the right to start and follow the Program of the Initial Formation in the School of Magistrates. In this case, the Directive Council of the School reports close to HCJ, AHC and State Advocacy, according to the case on the created situation. For the candidates for magistrate and for the positions in the State Advocacy, after the verification from them of the property and of the figure of the after coming competitor in the list of the competitors who has gained the greater number of points, decides on the registration of the after coming candidate, but always no later than 15 up to 30 days from the start of the corresponding academic year.

Article 30

The card of the candidate in the Initial Formation

Candidates registered in all the profiles of the Program of the Initial Training in the School of Magistrates are equipped with the card of the student. This document serves as an identification document and gives to the candidate the right to have access and to exploit all the opportunities which offer the School for his individual qualification, such as the exploitation of electronic equipments, literature, etc., as well as to enter in other institutions for the effect of the practice.

Article 31

Rights of the candidates in the Initial Training

1. Candidates in all the profiles of the Program of the Initial Training in the School of Magistrates enjoy, unconditionally and equally, all the rights recognized by the law 15/2016

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“On the organs of the management of the justice system”, Law 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, Law 98/2016 “On the organization of the judicial power in the Republic of Albania”, law no. 97/2016 “On the organization and the functioning of the attorney in the Republic of Albania”, as well as the Internal Regulation.

2. The School of Magistrates takes all the measures to guarantee:a) A correct legal process, according to an educating program and plan at the beginning of

the academic year and which may be enriched in special cycles of lectures in the grounds of the law, ethics, sociology and judicial psychology. The educating program includes cycles of lectures, individual written and oral tests, as well as groups of study. In the groups of study, among others, candidates are exercised into the composition of draft sentences, files for mocking trials and corresponding roles, in the composition of the codes of the judicial ethics and mechanisms of their application, as well as of the regulations for the procedures of the judicial examination; Full access of the candidates in the educating process and the creation of the necessary facilities for their complex individual qualification, putting in disposal the library, the laboratory of internet, the hall of mocking trials and technical equipments for the simulation of skills for their independent activity;

b) Scholarship in accordance with the provisions of the law 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as well as of the law 98/2016 “On the organization of the judicial power in the Republic of Albania”;

c) The active participation of the candidates in the directive activity of the School, through the Assembly of Candidates and through their representatives in the Directive Council and in the Disciplinary Council; Correct procedures which assure the protection of the candidates versus unfair disciplinary measures, as well as complete information for the evaluations they take for the accomplishment of the duties of the educating process.

Article 32

Obligations of the candidates in the Initial Training

1. Candidates have as duty to apply correctly all the obligations which derive by the law 115/2016, the law no. 96/2016, the law 98/2016, as well as by the Regulation. In a specific manner they are obliged:a) To frequent regularly the theoretical Program of the Initial Formation. The unjustified

absence in more than 10% of the program of a subject, brings the exclusion of the candidate from the final examination of the subject in that academic year;

b) To accomplish all the obligations which come from the application of the educating program and plan, in the common process as well as in that individual of the qualification, including the intermediate examination and those final ones of the subjects. The evaluation “Enough” taken two times subsequently, at least in two subjects or in the final exam, after brings, according to the case, the loss of the right to continue the studies in the School of Magistrates; To respect the rules for the professional ethics, the order and tranquility in the inside places of the School, to maintain and well administer the materials and the equipments put in disposition during the time of the frequentation of the School, to respect the rules of ethics related with the clothing they will use to School and during the period of practice, according to the Annex 9 of this Regulation;

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c) To turn back the benefited amount of scholarship, within a year, in the cases when: i. The candidate is expelled or has abandoned the School,

ii. The candidate for magistrate does not candidate to be nominated in a position within a year from the completion of the initial formation in the School of Magistrates, with the exception of the cases, when for health causes, or for other justified causes, with a sentence of the Directive Council, is approved his rule out from the obligation to turn back the profited sum of the scholarship;

d) To turn back 50 percent of the benefitted sum of the scholarship which is taken during the years of the Program of the Initial Formation in the School of Magistrates, in the cases when:

i. The candidate for magistrate does not meet the conditions of the nomination as magistrate, according to the article 40 of the law 96/2016,

ii. The mandate of the magistrate has completed before the completion at least of the five years of the exercisement of the function, excluding the cases when, because of health causes or for other justified causes, with the sentence of the Directive Council, is approved the rule out of the candidate magistrate from the obligation to turn back the benefitted amount of scholarship.

2. Candidates do not have the right to regive examinations, intending the improvement of the results and neither to postpone the examination for the after coming year. Only in very specific cases, when dictated by the circumstances and for reasons objectively legalized, the candidate may postpone the examination for the coming year, after having taken the approval of the Pedagogical Council of the School.

Article 33

Disciplinary

1. Are disciplinary violations of the candidates in the Initial Training, in spite of the profile they have, especially:e) The concealment or the false declaration of the personal data, related with the respectation of the criteria for participation in the competition of the selection of candidates, as well as of those for the following up of the Program of the Initial Formation;

f) The violation of the rules of the procedure during the development of the educating process for the evaluation in the theoretical course and in the paraprofessional and professional practice;

g) The abusive or the inappropriate usage of the card of the candidate, for the exercisement of the rights and obligations of the candidates for magistrate, in the activities and the places of School and out of it;

a) The violation of the approved rules on the ethics of the candidates, as well as of those of the presentation;

b) The violation of the rules of the professional ethics and of those which are related with the activity of the judge, prosecutor or of the clerk in the organs of the justice system. where candidates take part in the activity, make the paraprofessional and professional practice;

c) The violation of the rules of behavior in the environments and during the activities to School or done out of it;

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d) Unjustified absences in the frequentation of the theoretical Program of the Initial Formation, as well as in the program of the activity which is done during the paraprofessional and professional practice;

e) The non completion of the other obligations which are related with the application of the program and of the educating plan;

f) The causation of the damage and the abusive usage for scopes which are not related with the qualification of the candidates or with the object and their corresponding destination of the materials, equipments and environments of the School, as well as of those where are done its activities, including those of the initial formation;

g) Violations of the law, acts and behaviors of candidates out of the places of the activities of the School and of those when is done the paraprofessional and professional practice, which violate the integrity and the figure of the magistrate;

h) The performation of the actions and the exercisement of the activities which are inappropriate with the figure of the candidates and in discordance with the position of the magistrate;

i) The violation of the other obligations envisaged by the law, as well as the acts approved by the directing organs of the School.

2. Disciplinary measures are established in harmony with the article 261 of the law no. 115/2016 “On the organs of the management of the justice system”.

3. In the case when the candidate for magistrate or other profiles is sentenced for the commitment of a penal act, to him is given the measure of the ruling out from School.

Article 34

Participation in the directing activity of the School

The candidates take part in the directive activities of the School, through their direct engagement in the meetings of the Assembly of candidates, as well as through their representatives in the Directive Council and in the Disciplinary Commission.

Article 35

The assembly of candidates

1. The Assembly of candidates is the general assembly of the candidates who follow the Initial Formation. It is called from the Director of the School on his initiative, or on the proposal of one third of the candidates.

2. The Assembly of candidates nominates the representatives of the Directive Council of the School, who are elected in a mandate of maximally 3 years, mandate which ends with the receiving of the diploma; representatives in the Disciplinary Commission in a one year mandate.

3. The Assembly accepts recommendations for the directive organs of the School in relation with the Program and educating Plan, rules of ethics and of discipline, the creation of the facilities for the secondary grounds of the interest for candidates, the enrichment of the library, etc.The Assembly makes no less than two meetings in year.

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Article 36

The selection of the representatives in the Directive Council and in the Disciplinary Commission

1. The Candidate, for being elected in the Directive Council and in the Disciplinary Commission, is proposed by a group of no less than five candidates.

2. The voting for the election of the representatives is secret. Are considered as elected two candidates who have taken the greatest number of votes.

3. Candidates for magistrate, members of the Directive Council might be from two different academic years.

CHAPTER IV

PARAPROFESSIONAL AND PROFESSIONAL PRACTICE

Article 37

The nomination in the places of the paraprofessional practice

1. After the successful completion of the theoretical course of the first year, candidates for magistrate are nominated to make the paraprofessional practice in a court or prosecution and in other institutions according to the educating program..a) The nomination of the candidates in the places of practice is done by the Director of the

school, who communicates to the candidates the judge, or the prosecutor responsible for the practice. During the performation of the paraprofessional practice in the second year, the candidate might follow: In the first semester, a day in week theoretical courses, sessions of discussions and mocking trials, which are done to School and four days in week practice to the court, prosecution, or other institutions related to them,

b) In the second semester, two days in week theoretical courses, sessions of discussions and mocking trials, which are done to School and three days in week practice to the court, prosecution, or other institutions related to them, as envisaged in the program of the School.

2. After the successful completion of the theoretical course of the first year, candidates for state advocacy are nominated to do the paraprofessional practice, according to a bilateral agreement that the School of Magistrates makes with the State Advocacy.

3. During the performation of the paraprofessional practice in the second year, the candidate for state advocacy might follow:a) In the first semester, a day in week theoretical courses, sessions of discussions and

mocking trials, which are done to School and four days in week in a lawyer’s office, to the court, prosecution, or in other institutions related with them;

b) In the second semester, two days in week theoretical courses, sessions of discussions and mocking courts, which are done to School and three days in week practice to the court, prosecution, or in other institutions related to them, as is envisaged in the program of the School.

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Article 38

Mentoring and the control of the paraprofessional practice for the candidates for magistrate and for the state advocacy

1. The mentor of the paraprofessional practice controls and directs the practical activity of the candidate for magistrate and for state advocacy, engaging him in consults and in the active pursuit of the procedures of the matters in examination. At the end of paraprofessional practice, the mentor sends the register of the frequentation of the candidates, as well as a narrative evaluation for the candidates in general, along with the table of the evaluation in points for each candidate. The Director of the School of Magistrates controls in continuity the practical activity of the candidates during the paraprofessional practice through internal professors. They organize the control of the frequentation of practice, periodical meetings with candidates to acknowledge the activity and problems, collect their suggestions, as well as orientate them for a more completely exploitation of the opportunities which offers the practice of the court or of the corresponding prosecution for their complex formation. The Director of the School, through the responsible professors, follows the practical preparation of the candidates in the places of practice, participation in theoretical activities, mocking trials, etc. The evaluation of practice is maximally 100 points with coefficient of difficulty 1.5. It is done by the responsible professors, after taking the evaluation of the judge or of the responsible prosecutor, as well as their engagement in theoretical lessons, discussions, mocking trials, etc.

Article 39

Professional practice of the candidates for magistrate

1. After the completion of the paraprofessional practice, candidates for judge and prosecutor make the professional practice, correspondly, in courts and prosecutions in the third year of the Initial Formation. Professional practice lasts 12 months, starting in the month of July and ending in the month of June of the after coming year.

2. The establishment of the courts and prosecutions of the first instance, for the performation of the professional practice for candidates for magistrate is done by HCJ and AHC based on:a) Disponibility of mentoring judges and prosecutors; Infrastructure of the court and of the

prosecution;b) Disponibility of the space and of the work environment for the candidates for magistrate; c) The opportunity to be known with a large number of laws and a numerosity of matters

during the professional practice.

Article 40

Mentoring and the control of the professional practice

1. Councils establish a troop of mentoring magistrates, with time duration of three years, on the right of renomination. They sent to the School of Magistrates the list with their names for each court and prosecution.

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2. The general criteria of the selection of the mentors, the manner of their selection, as well as the rights and obligations of the mentor of the professional practice are established by HCJ and AHC, according to the anticipations of the law 115/2016.

3. The School of Magistrates takes care for the organization of a training program once in two years for the mentors of the professional practice.

4. Mentoring, control, evaluation in the paraprofessional practice, as well as the final evaluation of the candidates for the positions in the State Advocacy will be the same with that of the candidates for magistrate.

CHAPTER V

EVALUATION

Article 41

The evaluation of the candidates for magistrate and state advocacy in the completion of the second year

1. Candidates for magistrate and for the positions of the State Advocacy who follow theoretical courses and paraprofessional practice prepare a theme at the end of the second year. Theme and mentors are established by the Director of the School, in consultations with the internal professors. Theme is prepared in 4 copies, of which 1-2 copies remain to the Library of the School. The theme is discussed at the end of the academic year before a jury nominated on the Order of the Director of the School. The maximal evaluation of the theme is 100 points with coefficient of difficulty 2. At the end of the second year is organized the final test, which is done in the written form, with four practical cases in the following grounds:a) First part – Private law (civil, familiar, of work, commercial) and civil procedural law; b) Second part– penal law and penal procedural; c) Third part– the material administrative law and the administrative procedural law; d) Fourth part– public law (constitutional, human rights, international, EU legislation, etc.

There are excluded from this rule the candidates for magistrate who have commenced the studies in the academic year 2015-2016.

2. The final examination is evaluated by a commission composed of six members, of whom four members from the ranks of internal and external professors of the School of Magistrates and by a member of the High Council of Justice and Attorney’s High Council.

3. More detailed rules related with the final examination, as well as the manner of its evaluation are envisaged in the Annex 10 of this Regulation.

4. The final evaluation for both years is done from the Pedagogical Council, according to the manner and the rules envisaged in the Annex 10 of this Regulation.

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Article 42

The final evaluation for the candidates for magistrate and for the positions of the State Advocacy

1. At the end of the professional practice, the Pedagogical Council makes the final evaluation of the candidates for magistrate, on the basis of the results of the examinations of the first year, of the paraprofessional practice and of the final examination, according to the system with 5 grades, on the basis of their final ranking with points.

2. In each case, the evaluation of candidates for magistrate is accompanied by two judicial project sentences composed by the candidate for judge, or two project acts composed by the candidate for prosecutor.

3. At the end of the second year, the Pedagogical Council makes the final evaluation of the candidates for the positions in the State Advocacy, on the basis of the results of the examinations of the first year, of the professional practice and of the final examination, according to the actual system of 5 grades, on the basis of their final ranking with points.

4. In each case, the evaluation of candidates for the positions in the State Advocacy is accompanied with two acts selected by the candidate (a lawsuit and a word of defense in a judicial process), which are presented before the Pedagogical Council.

5. The Director of the School transmits to the Directive Council of the School, to the High Council of Justice for the candidates for judge, as well as to the Attorney’s High Council, for the candidates for prosecutors the sentence of the Pedagogical Council, where are united according to a ranking in points the evaluations with 5 grades in the two first years, of the final examination and of the professional practice of the third year.

6. The Director of the School transmits to the State’s General Attorney the sentence of the Pedagogical Council, where are united according to a ranking in points the evaluations with five grades of the two years of the initial formation and of the final examination.

7. More detailed rules related with the manner of the evaluation, criteria and the coefficients of the evaluation are envisaged in the Annex 10 of this Regulation.

Article 43

The final evaluation for the candidates for legal assistant in courts and prosecutions

1. At the completion of the 9 months program of the initial formation for legal assistant, the School organizes the final examination. Candidates, who take no less than 70% of the total points in the final examination, are considered to have completed successfully the Program of the Initial Formation.

2. The rules of the final examination of the candidates for magistrate are applied even for legal assistants.

3. After the final examination, the Pedagogical Council ranks the winning candidates, according to the total number of points taken from the examinations of the subjects and the final examination.

4. The list of winning candidates is approved by the Directive Council of the School of Magistrates, is published in its official website and is presented to the High Council of Justice for nomination.

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5. The list of winning candidates yet not nominated, is valid for a four years period of time from the announcement of the winners.

Article 44

The final evaluation for the candidates for chancellor

1. Candidates for chancellor are obliged to follow the three months Program of the Initial Formation.

2. At the end of the Program of the Initial Formation, the School of Magistrates organizes the final examination. Candidates, who take no less than 70% of the total points in the final examination, are evaluated to have completed successfully the Program of the Initial Formation.

3. The rules of the final examination of the candidates for magistrate are applied even for chancellors.

4. After the final examination, the Pedagogical Council ranks the winning candidates, according to the total number of points taken from the examinations of the subjects and the final examination.

5. The list of winning candidates is approved from the Directive Council of the School of Magistrates, is published in its official webpage and is presented to HCJ and AHC.

Article 45

The evaluation for counselors and legal assistants on duty, as well as for former counselors of the Constitutional Court and of the High Court not magistrate

1. At the end of the two years training, in the function of the law 84/2016 “on the transitory reevaluation of judges and prosecutors in the Republic of Albania”, the counselor close to the Constitutional Court and High Court, or former counselors close to them, legal counselor close to the General Attorney and in the administrative courts, as well as the inspector to the High Council of Justice, who does not enjoy the status of the judge or of the prosecutor, are ranked by the Pedagogical Council, according to the results of the final examination achieved at the end of the first year and of the ethical and professional evaluation during the professional practice.

2. They are included in the list of ranking and are nominated as magistrates, according to the anticipations of the law no. 96/2016, if they take at least 70 per cent of the possible maximal points in the final examination at the end of the first year, as well as are evaluated at least “well” for all the duties given during the professional practice.

Article 46

The evaluation of chancellors on duty

1. The School of Magistrates organizes the examination for the professional evaluation of the chancellors on duty.

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2. The examination is in the written form according to the rules of the first phase of the recognition’s examination for the candidates for magistrate, anticipated in this Regulation. The evaluation is done electronically according to the scan tron technique and is published from the School of Magistrates in its official webpage. Ground of testing will be the general formation, logical, linguistical, judicial, economical and financial.

3. At the end of the examination, chancellors on duty who receive no less than 70% of the total points, is considered qualified from the Pedagogical Council of the School.

4. In this case, the High Council of Justice nominates the chancellor on duty within a week from the publication of the results of the examination.

5. In the case when the chancellor on duty is evaluated from the Pedagogical Council with less than 70 per cent of the total points, is considered inappropriate for the positions and are interrupted labor relations in the function of chancellor.

Article 47

The ranking of the candidates for magistrate

1. The School of Magistrates, up to the end of the month of June publishes the list of candidates for magistrate graduated in the Initial Formation of that year.

2. The ranking of the candidates is based on the pointed results of the examinations during the first year and the second, the final examination, as well as the evaluation during the professional practice.

CHAPTER VICONTINUOUS FORMATION

Article 48

Program of the Continuous Formation

1. The School of Magistrates, in cooperation with the High Council of Justice, with the Attorney’s High Council and, according to the case, with the State Advocacy composes and organizes the Program of the Continuous Formation.

2. The Program of the Continuous Formation is composed of these components: a) The Program of the Continuous Formation of judges and prosecutors on duty close to the

courts and prosecutions of the judicial districts and courts and prosecutions of appeal;b) The Program of the Continuous Formation of judges of the High Court and of the

prosecutors of the General Attorney and of SACS;c) The Program of the Continuous Formation of the state advocacies on duty;d) The Program of the Continuous Formation of counselors and legal assistants on duty in

courts and prosecutions; e) The Program of the Continuous Formation of chancellors on duty in courts and

prosecutions;f) The Program of the Continuous Formation for judges and prosecutors who do not pass

the vetting process.

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3. The Director of the School of Magistrates, at the beginning of each academic year, presents for approval to the Directive Council the project program and the calendar of the Continuous Formation for judges and prosecutors on duty.

4. The Program of the Continuous Formation is composed from the School of Magistrates, in cooperation with the High Council of Justice and the Attorney’s High Council. The process of the composition of the Program of the Continuous Formation is coordinated from the Director of the School in cooperation with the Responsible of the Program of the Continuous Formation and the inner pedagogical staff. For this is taken preliminarily the opinion of the Heads of the High Council of Justice and of the Attorney’s High Council, of the Head of the High Court, of the General Attorney, of the head of SACS, of the Ministry of Justice and of the Pedagogical Council of the School.

5. The High Council of Justice and the Attorney’s High Council coordinate the taking of necessities and requests for thematic of the Program of the Continuous Formation of all judges and prosecutors in the country, through the heads of the courts of the judicial districts and of the appeal, as well as of the prosecutors of the judicial districts and of the appeal. This process is realized in the period May-June of each year, so that at the end of the month of June to be transmitted to the Director of the School of Magistrates.

6. For the identification of an adequate thematic program, High Council of Justice, Attorney’s High Council, Director of the School and responsible persons for the Continuous Formation (CF), coordinate and follow scientific methods of the evaluation of the necessities through:a) The realization of regional meetings with judges and prosecutors and with the heads of

the courts and prosecutions of the first instance and of the appeal; b) Preparation, collection and analysis of the questionnaires to attract the interest of every

head of the courts and prosecutions in the level of the first instance and of the appeal on the matters of practice which have interest for training;

c) The analysis of the rubrics on the suggestions for future trainings which are found in each questionnaire, spread during training sessions;

d) Interests evidenced during the realization of the direct discussions during training sessions or specific activities of the brainstorm nature transmitted from experts or/and facilitators;

e) The taking of the opinion of all the other institutions interested for the reform in justice, or whose activity is related with the system of justice;

f) Consultations with international partners and friends of the School; g) Verification of the priorities of the government related with the new legislation which

influences in the activity of justice and in the context of the approximation with the EU legislation, strategic documents, legal and institutional reform, as well as the engagements undertaken from Albania, in the context of the process of the European Integration;

h) Consultation with the jurisprudence of ECHR and of ECJ;i) Recognition with the obligations which derive from ratified international instruments, etc.

7. After the collection of all the necessities for continuous training, the responsible of the Program of the Continuous Training takes care for the composition of the thematic project program, which passes initially to the Pedagogical Council and the Director of the School for approval.

8. The list of all these necessities summarized according to the priorities I presented to the Directive Council, in the format of a thematic project program. Themes approved from the

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Directive Council are sent to the High Council of Justice and to the Attorney’s High Council, as well as the heads of courts and the heads of the prosecutions of the first instance and of the appeal. The heads of courts and of prosecutions sent the lists of participants through the electronic application or the forms of the application for each activity.

9. The High Council of Justice and the Attorney’s High Council approve the participation of judges and prosecutors in the continuous training, according to the program established of the continuous formation and sends to the School of Magistrates at the beginning of the academic year.

10. The General Advocate of the State approves the participation of the state advocates in the continuous training, according to the established program of the continuous formation and sends to the School of Magistrates at the beginning of the academic year.

11. The thematic content of the program of the Continuous Formation, the list of trainers, experts, the list of facilitators, moderators and specialist, methodology of training anf the calendar of the activities of the Continuous Formation is approved by the Directive Council.

12. The general character of the Program of the Continuous Formation is flexible and as such permits the inclusion of training activities, which come up from the evaluation in continuity of the necessities and the cooperation of the School with judges and prosecutors, as well as national and international institutions.

Article 49

The registration in the courses of the Continuous Formation

1. Thematic program and the calendar of the Continuous Formation, along with the methodology of training, the model of the form of registration, the model of certificate, the content of the agreement of understanding with trainers/experts and facilitators/moderators, is published electronically and is reflected in the official website of the School of Magistrates.

2. An electronic official notification related with the thematic program and the calendar of the training activities, goes to every court and prosecution of the first instance or of the appeal, as well as to every judge and prosecution which has an electronic address, as well as the points of contact close to each court and prosecution.

3. Each coded training activity, is presented in the electronic website of the School and has data related with the group participating in it, narrative content or the description of the course, the place of the organization of the training, duration of the course, envisaged data, kind, agenda and the financial support.

4. The heads of the courts and the directors of the prosecutions of the first instance and of the appeal establish the list of participants in each training session, taking into consideration the individual request of the judge or of the prosecutor, the session where he acts, as well as the necessities of the corresponding court or prosecution, the obligation and the legal right to be trained, that according to the Law 96/2016 “On the status of judges and prosecutors in the Republic of Albania” is established:a) No less than five complete days in year and no less than 30 complete days during five

years; and b) No less than 40 days in year and 200 days during five years.

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5. The list of participants is composed by the heads of the courts and the directors of the first instance and appeal courts and prosecutions, according to the corresponding courses, is proposed to the Director of the School.

6. The Scientific secretary for the Continuous Formation composes the complete list for prosecutors and judges of the first instance and of the appeals for all the Republic, divided according to courses of the Program of the Continuous Formation, being based in the proposals of the heads of courts and directors of prosecutions.

7. On the proposal of the Director of the School of Magistrates, the High Council of Justice for judges and the Attorney’s High Council for prosecutors, approve the lists of participants, in the continuous training, for a period of at least 1 year, but not more than three years.

8. Excludingly from this rule, the School of Magistrates, for specific and excluding cases, not to hinder the process of training, starting from the necessities of judges and prosecutors for training, of the changes of the legislation and of the problems of practice, on their request, or on their initiative, may update the thematic program and the lists of the participants in the continuous training. The School of Magistrates, in this case, informs the High Council of Justice and the Attorney’s High Council for the approval of the lists.

9. On the approval of the lists from the High Council of Justice, the Attorney’s High Council is proceeded with the individual notification of judges and prosecutors through the electronic invitations on the corresponding activity/ies, as well as are informed the heads of courts and the directors of the prosecution of the first instance and of the appeal, as well as the contact points with these courts and prosecutions.

10. The invitations for the participation in the training activities is sent electronically minimally 1 month before the established date for the making of the activity. Heads of courts and the directors of the prosecutions take care not to create obstacles in the frequentation of sessions and follow the participation in them.

11. The School of Magistrates, on the request of HCJ and/or AHC, takes measures to send the information for the participation of the magistrate in the continuous formation, within two weeks from the day of the making of the request. The information reflects the number of trainings in which the magistrate is invited, the topic and the duration of the trainings, the level of the participation of the magistrate.

12. The same procedure is followed even for the organization of study sessions, seminars, colloquiums and other activities for the perfectioning in continuity of the performance of judges and prosecutors.

Article 50

The Certificate of the Continuous Formation

1. The School of Magistrates, in the quality of the institution responsible for the continuous formation of the magistrate, documents the participation of the magistrate in the continuous formation.

2. The School keeps all the data of the participation in training sessions such as: the list of the invited in each activity, the list of participants, the list of the invited ones in each activity, the list of participants, reflecting in details according to corresponding sessions and the list of the

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certified ones1. This list is reflected even in a specific register, through a ranking number, based on the issued certificates. School keeps the data related with the grounds of training, topic of the training session, period of the activity, the place of the organization, experts, facilitators or moderators, as well as the financial support, if exists.

3. Judges and prosecutors who take part in the continuous formation in all its sessions, at the end are equipped with certificate, which is signed by the Director of the School. A copy of the certificate is placed in the personal file of judges and prosecutors. Participants who miss even a single séance of training are not equipped with certificate. In this case, on their request, participants take verification for the time of frequentation.

4. Judges and prosecutors engaged in the activities of the Continuous Training as experts, facilitators, or moderators, at the end of the academic year, are equipped with a certificate of gratitude by the Director of the School of Magistrates, where is noted the list of the activities where is included the specific role and other data according to the point 5 of this article.

5. In the certificate is written the name, surname, topic of the activity, date and place of its organization, ranking no. of the certificate, as well as the cooperation with home and foreign partners, if there are.

Article 51

The Program of the Continuous Formation for the state advocacies

1. The School of Magistrates, in cooperation with the State Advocacy, realizes the continuous formation of state advocacies on duty.

2. Procedure of the composition and organization of the Program of the Continuous Formation for this category will be the same with those of the Program of the Continuous Training for magistrates on duty, as long as they find application in this Regulation.

Article 52

The Program of the Continuous Formation for judges and prosecutors who do not pass the vetting

The School of Magistrates prepares a specific program of training for judges and prosecutors on duty, who are suspended from duty for a 1 year period of time by vetting organs, and for whom is recommended program of training to complete the deficiencies in the professional aspect.

Article 53

The Program of the Continuous Formation for chancellors

1. The School of Magistrates in cooperation with HCJ, AHC, Ministry of Justice, other courts and institutions realizes the continuous formation of chancellors on duty.

1Lists are composed by the morning session and the afternoon session. Every participant is forced to sign his presence to certify the continuous following of the activity in all its sessions, on the contrary he is not certified.

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2. Procedures of the composition and of the organization of the Program of the Continuous Formation for this category will be the same with those of the Program of the Continuous Formation for magistrates on duty, as long as they find application in this Regulation.

Article 54

The manner of the selection of the Trainers/Experts

1. The nomination of trainers/experts of the School of Magistrates is done on the basis of the law “On the organs of the management of the justice system.”

2. The criteria of the selection, the phase in which passes this process and the manner of the continuous and periodical evaluation of trainers/experts, is established in the Annex 11.

3. The selection of trainers/experts is done on the proposal of the Director of the School or of the members of the Directive Council, on the approval of the Pedagogical Council and later of the Directive Council, after the public announcement of the positions and necessities of the Initial or Continuous Formation of judges and of prosecutors at the beginning or in the continuity of the academic year.

Article 55

Trainers, experts, moderators and facilitators of the Continuous Formation

1. In the Program of the Continuous Formation of judges and prosecutors are activated trainers, experts, moderators, facilitators and specialists.

2. On the establishment of the list of trainers/experts, the School invites publicly for application all the judges and prosecutors who think they do have personal expertise in one of the grounds and topics of the Program of the Continuous Formation. The application is accompanied with the documentation envisaged in the Annex 11.

3. The lists of trainers/experts (and the presented documents), after examined by the Pedagogical Council, is approved by the Directive Council and is notified to each applicant approved to start the preparations. The School, in cooperation with trainers/experts, prepares agreements on the well functioning of training sessions and the reciprocal rights and obligations.

4. The School organizes sessions for the training of trainers at the beginning or during the academic year when this is considered necessary for the application of new methods, in the cases of themes unelaborated before or of important changes in legislation, as well as in each other case which is considered important for developing further the abilities of trainers.

5. The group of the realization of experts in each training activity has up to four people combined among them as experts, facilitators and moderators.

6. In specific cases, when the training activity is only with foreign expertise, or is presented a specific request from experts or donors of the activity, then the moderator of the activity will be nominated by the Director of the School of Magistrates, by the ranks of home and external professors of knowledge in this ground.

7. In training sessions may be used even facilitators to support the work of experts, intending the issuing of the literature or the selectioning of the cases of the judicial practice necessary for the training.

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8. The School of Magistrates establishes the list of facilitators for each training session. The list is composed on the basis of the applications by the ranks of judges and prosecutors, well known for the active participation in training sessions and with pedagogical and study skills, as well as juvenile magistrates, of no less than three years experience and with high results to School. Also in the composition of this list, are taken into consideration even thematic and specific sub matters which may be treated within the space of a training activity, including other categories of profession intending their recruitment in the Program of the Continuous Formation for at least 3 academic years and later their promotion as future trainers/experts. The duties of the facilitators are established in an agreement among them and the School. (Annex 11).

9. For the effect of the legal obligation to take part in the activities of the Continuous Training, the calculation of the days of judges and prosecutors activated as experts, facilitators and moderators will be done as follows: 1 participation as expert is equivalent with 2 days participation in training; 1 participation as facilitator is equivalent with 1.5 days participation in training; 1 participation as moderator is equivalent with 1 day participation in training.

This contribution is valid only for the calculation of the days as participants in the Continuous Training and does not cause financial consequences.

CHAPTER VII

GENERAL DIRECTION

Article 56

Directive Council

1. At the top of the School of Magistrates stands the Directive Council, which is composed of 18 members.

2. The Head of the Directive Council is the Head of the High Court.3. Vice Head of the Directive Council is the General Attorney.4. The Directive Council directs and controls collegially all its academic, administrative and

financial activity for the realization of the scopes and duties charged by the law “On the organs of the management of the justice system “.

5. The Directive Council realizes its directive functions over the School, taking into report for specific problems of his work, the Director of the School, or inspecting with a group of members the realization of the duties charged from it.

6. The Directive Council has these duties:a) Cooperates with the High Council of Justice and the Attorney’s High Council for the

application of the procedures of the recruitment of the candidates who will follow studies in the School of Magistrates, based on the law “On the status of judges and prosecutors in the Republic of Albania” and the law “On the organization of the judicial power”;

b) Follows the application of the criteria established in the law “On the status of judges and prosecutors in the Republic of Albania” for the recognition of the candidates who will follow the Program of the Initial Formation and announces their final list;

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c) Makes the nomination and the leaving from duty of the lecturing staff, on the proposal of the majority of the members of the Directive Councils, or of the Director of the School;

d) Establishes, within the budget, the organisative structure and the criteria of the nomination of the administrative personnel;

e) Approves and follows the application of the Regulation of the School and of the yearly program of its activities;

f) Approves, on the proposal of the Director, the programs of the formation and the programs of each subject or course of the Initial Training, responsible professors and their charge;

g) Proposes the project budget and examines the reports of the Director for the realization of the budget and the expenses of the incomes;

h) Presents a yearly report close to the High Council of Justice and of the Attorney’s High Council for the achieved results and the directions of the work for the future;

i) Approves the thematic program and the calendar of the activities of the Continuous Training, as well as the list of trainers/experts of this program, by providing facilities for the School of Magistrates in its updating with new themes and, according to the case, changes in the calendar;

j) Approves agreements which signs the School of Magistrates for the realization of the trainings of other groups;

k) Nominates the home professors, as members of the Disciplinary Commission of the School, the Attorney and the Vice Attorney for the Discipline for a three-year period of time and in irrenovable way.

Article 57

Meeting of the Directive Council

3. The meeting of the Directive Council is called by its Head.4. The Directive Council is gathered at least once in three months. 5. The right to require the meeting of the Directive Council and the inclusion of matters in the

day’s agenda is of no less than 3 members of the Council, or the Director of the School. 6. The Council is gathered no later than 15 days from the presentation of the written request of

these recent ones. 7. The Head establishes the date, time, place and matters of the day’s agenda for the ordinary

meeting and takes measures that the materials of the meeting may be spread to the members, Materials or reports of the meetings are prepared, according to the guidelines done by the Head of the Council, by the Director of the School of Magistrates, or by the group of members of the Directive Council.

8. Meetings are valid when in them take part no less than half of the members. 9. For the cases of the extraordinary meetings, the Head of the Council notifies members at

least 24 hours before, announcing them the day’s agenda.

Article 58

Sentences of the Directive Council

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1. Sentences of the Directive Council are taken through a majority of votes. When votes are equal, the vote of the head who votes at the end is decisive.

2. Sentences are taken through an opened voting, based on the law “On the functioning of the collegial organs of the state administration and of public ents ", excluding the cases of the voting for individuals and persons who are elected in the directive organs of the School, home professors, members of the commission of the recognition’s examination and others similar to them, when the decision-taking is not unanimous or at least qualified. In these excluding cases, voting is done in secrecy.

3. With the exception of the cases when is envisaged differently in the Law “On the organs of the management of the justice system”, rules and procedures envisaged in the law “On the functioning of the collegial organs of the state administration and of public ents” is applied for the organization of meetings and the decision-taking of the Directive Council of the School of Magistrates.

4. In each meeting, is kept a process verbal, where is done a summary of: a) everything which was said in the meeting; b) date and place of the meeting; c) members who took part; d) matters which were discussed and e) sentences which were taken as well as the form and the result of votings.

5. The process verbal is kept by the secretary and is signed by the secretary and the Head. Members of the Directive Council, participants in the meeting, sign the list-presence for the participation in the meeting.

6. Sentences of the Council come out with the signature of the Head and the seal of the Council. 7. A copy of them is sent immediately to the Director of the School of Magistrates, sentences

are obligatory for the application from the Directory, Pedagogical Council or Disciplinary Commission of the School.

8. Sentences of the Council, along with other materials of its meeting, are deposited to the secretary of the Head of the Council.

CHAPTER VIII

ACADEMIC DIRECTION AND DISCIPLINARY PROCEDURE

Article 59

Pedagogical Council

1. The academic activity of the School of Magistrates is directed by the Pedagogical Council, whose composition is established in the article 253 of the law “On the organs of the management of the justice system”.

2. Pedagogical Council is headed by the Director of the school and is composed of:a) The Director of the School;b) The home lecture-giving personnel of the School;c) Heads of the main subjects: 1.Civil law; 2.Penal Law; 3.Civil Procedure; 4.Penal

Procedure; 5.Family law; 6.Trade law; 7.Constitutional law; 8.EU Law; 9.Human rights law; 10.Administrative law; 11.Professional ethics; 12.Legal writing and reasoning;

d) A judge and a prosecutor, as representative of the Directive Council.

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Article 60

Competences of the Pedagogical Council

1. Pedagogical Council:a) Takes part in the preparation of the education plans of the Initial Formation and of the

thematic programs of the Continuous Formation;b) Gives opinion for the composition of the list of external trainers and of home professors

of the School, examining every proposal which the Director transmits to the Directive Council;

c) Analyses, after a transparent and all inclusive process, reports of the evaluation of the work of trainers and professors by the candidates for magistrate and the lecture-giving staff and transmits to the Directive Council the opinion on the continuity of the exercisement of the work by them;

d) Takes part, in the examination of the disciplinary process initiated for the lecture-giving personnel;

e) Examines, after a transparent and all inclusive process, the proposal of the Director to transmit to the Directive Council the names of professors and of new trainers which are added to the academic staff of the School of Magistrates;

f) examines and approves the recommendations of the Assembly of Candidates for special cycle of lectures in specific grounds of the law, ethics, sociology and judicial psychology, as well as elaborates orientations on the practical activity of the candidates during the paraprofessional and professional practice;

g) makes the final evaluation of the candidates of the Program of the Initial Formation of the first year, of the second year and of the third year, on the basis of the achieved results during the first year, paraprofessional practice, final examination, as well as of the professional practice of the third year, according to the system on 5 grades, on the basis of a final ranking with points;

h) monitors in continuity the application of the sentences of the Directive Council in the academic activity of the School;

i) makes the final evaluation of the candidates of the Program of the Initial Formation for other professions which trains the School, on the basis of the results achieved during the duration of these programs;

j) Is responsible for the application of the procedures for the selection of candidatures by full time and part time professors of the School of Magistrates, for members of HCJ and AHC.

2. The Directive Council is gathered on the request of the Director of the School. 3. The necessary quorum for the development of the meetings of the Pedagogical Council is

more than half of the members. Pedagogical Council takes the sentences through the open voting and through a majority of votes. When votes are equal, the vote of the head is decisive.

Article 61

Disciplinary Commission

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1. Through a sentence of the Directive Council of the School, are nominated two home professors as members of the Commission of Discipline, in the quality of the Prosecutor and vice prosecutor of Discipline, for a three years deadline and irrenovable.

2. This Commission acts as an appealing disciplinary organ which examines and takes decision in the written form for the disciplinary violations of the candidates of the Program of the Initial Formation, Director of the School, home professors and civil clerks. Its composition for this category is established in the article 257 of the law “On the organs of the management of the justice system”.

Article 62

Disciplinary proceeding

1. The investigation and disciplinary proceeding is anticipated in the articles 257, 258, 259 of the Law no. 116/2016.

2. Candidates for magistrate are responsible for the disciplinary violations in harmony with the law “On the organs of the management of the justice system”, as well as the rules envisaged for the investigation and the disciplinary proceeding in the law “On the status of judges and prosecutors in the Republic of Albania”.

3. Disciplinary proceeding starts without delays, with the receiving of the notification for a disciplinary violation, but no later than 1 year from the date of the commitment of the violation.

4. Disciplinary proceeding starts:a) On the request of no less than 3 colleagues of the person for whom is required

disciplinary proceeding;b) On the request of each of the direct heads or of professors/mentors of the

paraprofessional/professional practice for the candidates who follow the Program of the Initial Formation;

c) On the initiative of each member of the commission, based on concrete facts provable for the commitment of a disciplinary violation;

d) Others who are related with his activity.5. The request on the pretended disciplinary violation might be handled close to the Director of

the School of Magistrates, in the case of the civil clerks and of the candidates who follow the Program of the Initial Formation, as well as close to the Directive Council of the School of Magistrates, in the case of the Director and of home professors.

6. It might meet these conditions:a) Might be in the written form; b) To identify the person, who pretends that has committed disciplinary violation; to define

the concrete action, which is pretended to be a disciplinary violation and the circumstances of its commitment.

7. Appealing requests are not accepted for examination.8. For each matter which is taken into examination from the Disciplinary Commission, its Head

handles to the members of the commission and to the person for whom is required to be taken the disciplinary measure, the material no later than 10 days before the meeting of the Commission.

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9. No disciplinary measure might be given without being listened the person who is proceeded. 10. The person for who is required to be taken the disciplinary measure has the right to present

his pretentions in the written form to oppose the taking of disciplinary measures or the type of the disciplinary measure which is proposed.

11. In each case, the person enjoys the right to take part in the examination of the matter along with his defending/or legal representative colleague, to present orally his pretentions, as well as to ask to be heard other persons which might give information on the matter.

12. The same procedure is applied even when the Disciplinary Commission acts as an appealing organ.

13. Disciplinary proceeding for the candidates for magistrate during the period of the professional practice of the third year is done according to the rules envisaged in the law “On the status of judges and prosecutors in the Republic of Albania”.

14. Procedures and sentences taken for disciplinary proceeding of the candidates for magistrate are reflected in their personal file.

Article 63

Violations and disciplinary measures

1. Disciplinary violations of the candidates for magistrate are envisaged in this Regulation.2. The disciplinary violations of the Director of the School of Magistrates and of home

professors are envisaged by the article 259 of the law 115/2016.3. Disciplinary violations for the civil clerks are envisaged by the Law “On the civil clerks” and

in this regulation.4. The disciplinary measures for the candidates for magistrate are envisaged by the article 261

of the Law 115/20165. Disciplinary measures for the Director and home professors are envisaged by the article 260

of the Law 115/2016;6. Disciplinary measures, given from the Director of the School, may be appealed to the

Disciplinary Commission, while those given from this last one may be appealed in the Administrative Court of the First Instance of Tirana within 10 days from the date of communication. The appeal done, does not suspend the application of the disciplinary measure for the first and second year.

7. Disciplinary measure cannot be given when has passed 1 year from the commitment of the violation.

CHAPTER IXORGANISATIVE STRUCTURE

Article 64

Internal organization

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1. In the organisative structure of the School take part: the Director, home professors, chancellor, academic councilor, the sector of the professional formation, the sector of studies and publications, the sector of finance, the sector of services technology and information.

2. The structure, organics and the categorization of work positions in the School of Magistrates is established by the Directive Council in harmony with the legislation in force.

Article 65

The Director

1. The Director is the head of the School of Magistrates and its representative to the public and private organs. His competences are established in the law “On the organs of the management of the justice system”.

2. The Director of the School:a) Directs the administrative, financial and academic activity of the School, guaranteeing its

administrative, financial and academic autonomy. He reports before the Directive Council on the activity of the School and asks from the head of the Council its calling, in each case when is necessary the meeting of the Council;

b) Represents the School of Magistrates in relation with the thirds. In the application of his competences, the Director signs contracts with physical and judicial persons in accordance with the corresponding legal provisions, as well as specific contracts with the external professors on their engagement in the education program;

c) Composes and proposes, in cooperation with the Pedagogical Council, the project of the Internal Regulation of the School, yearly draft program of its activities, as well as its change;

d) Applies the duties which derive from laws and from the sentences of the Directive Council and cooperates with the institutions, to which he reports;Asks from funds from the state, donations by associations and individuals and administers in an independent way the incomes, according to the main directions established by the Directive Council, according to the conditions established in the article 251 of the Law 115/2016 “On the organs of the management of the justice system”

e) Takes measures to publish the literature and texts; f) Directs the pedagogical troop, coordinates the work with them, asks for and approves

education programs of each subject and controls their application and the quality of lecture giving, proposes to the Directive Council the candidates fotr external professors, according to the criteria established in the law and in this Regulation;

g) In cooperation with the Pedagogical Council, proposes to the Directive Council, the nomination, release or discharge from duty of the internal lecturing personnel and of the chancellor. Release from duty of the internal and external personnel is done only after having been presented reasons and to be taken even the opinion of the Pedagogical Council of the School. The evaluation of the candidates for magistrate for the lecturing staff accompanies this process. If the Pedagogical Council gives opinion in the favour of the release from duty, then the Director transmits to the Directive Council the proposal for the decision-taking.

h) Nominates releases or discharges the clerks of the administrative personnel of the School.

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i) Cooperates with the courts, prosecutions and institutions of the justice system, intending the evaluation of the necessities of the continuous training, as well as takes care for the well functioning of the Program of the Continuous Training of judges, prosecutors, state advocacies, judicial civil clerks, as well as of other professions, according to the case.

Article 66

Internal professors

1. Internal professors are nominated by the Directive Council on the proposal of the Director or of the members of the Directive Council, after a transparent all inclusive process based on merit and in a competitive process.

2. Internal professors are elected from the ranks of the most famous jurists, of over 15 years experience as jurist, judge, prosecutor, lawyer and of lecture giving experience as internal professors in the university system or as external professors in the School of Magistrates, of over 10 years experience.

3. Internal professors enjoy all the rights and privileges of the judge of the appeal court.4. Internal professors offer:

a) Offer the experience for the theoretical- practical preparation of the candidates for magistrate in the process of the lecture giving in the Initial Training. They are the head of one of the main subjects;

b) Formulate, analyze and assure information on the theoretical-practical preparation of the candidates for magistrate;

c) Take care for the assuring of the highest quality of lecture-giving; d) Establish the program according to the semestral division of the subject for which are

titled, as well as follow its application, based on the education plan approved from the Directive Council;

e) Contribute as expert and moderator for certain themes done into the context of the Continuous Training.

5. Internal Professors are members of the Pedagogical Council and of the Evaluation Commission of the topics for candidates for magistrate of the second year.

Article 67

Chancellor

1. Chancellor realizes the financial-administrative activity of the School, in harmony with the provisions of the law 115/2016 “On the organs of the management of the justice system” and of other legal acts, under the authority of the Director.

2. Coordinates and manages the work between sectors, in relation with the composition of the policies in the grounds covered by the Institution.

3. Assures cooperation for the taking of corresponding contributions from institutions, or from other sources.

4. Re-evaluates the method of the managing, the usage of the human and financial resources during the application of the policy and sentences.

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5. Makes sure that the activity of the Institution and the proposed changes in its direction may be in harmony with the corresponding legal requests.

6. Encourages the positive development in the context of the management of the Institution.7. Monitors the process of the preparation of the financial budget, as well as controls its

application.8. Presents in the corresponding institutions periodical reports, financial schemes and the yearly

report for the application of the budget. 9. Assures to the institution the necessary systems of the technology of information so that to be

managed and to be used the corresponding information.10. Encourages the effective communication and coordination in the Institution, as well as

positive changes in the method of management.11. Takes measures for the completion of the necessities of the Institution, in relation with

human resources, for the selection and professional abilitation of the clerks. 12. Controls the respectation of the law and of the regulations of the internal functioning of the

Institution.

Article 68

Academic councilor

1. Follows the strategy of the academic development of the School, by analyzing its academic and scientific activity.

2. Coordinates and follows the education activity among all the basic and main units, by coordinating the work for the composition of education plans and by giving opinion for the inclusion into them of themes or the most recent practices of the countries of Western Europe.

3. Makes the analysis of all the aspects of the work of the administrative units and keeps constant contacts with the professors of the initial formation/publications/continuous formation.

4. Encourages the inclusion of the scientific projects in the lecture giving process, through the active participation of students, judges and prosecutors.

5. Coordinates the work for the composition of the calendar of the activities of the continuous formation, follows and supports the progress of the continuous training of judges and prosecutors, as well as of chancellors of the courts and prosecutions, legal assistants, state advocacies.

6. Coordinates the academic and scientific activity of the School of Magistrates with the other institutions, government units and the community.

7. Consolidates the cooperation and the exchange of experiences of students, pedagogical staff and of the education programs between the School and other analogue institutions.

8. Follows the progress of the center of publications, scientific journals and academic and scientific activities organized by the School, by encouraging the cooperation in this ground.

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Article 69

Financial sector

1. Takes measures for the completion of the necessities of the Institution, in relation with the financial resources, as well as their administration.

2. Takes care on the recognition of the financial situation, for the accomplishment of the procedures of the making of the budgetary requests of the Institution.

3. Responds on the preparation, programming, planification, assurance and application of the approved budget, for the realization of the financial funds and of the investments, in the grounds of the activity of the Institution, internal financial control, as well as informs the authorizing clerk.

4. Takes care on the administration, inventarisation and well-keeping of real estates of the Institution.

5. Takes care to be taken into consideration the necessities and the proposals of the structures of the Institution in the project-budget.

6. Monitors the realization of the activities on the keeping of the accountability, countable books and of the cash-register.

7. Takes care for the storage of the material values of the Institution.

Article 70

The Sector of services and of the technology of information.

1. Monitors and applies the rules of the procedures of the public procurement.2. Takes care for the accomplishment of the other services necessary for the activity of the

structures of the Institution.3. Assures, informs, the internal and external staff on the most efficient functioning of internet

and of the inner net of computers, of the installment of the new assisting programs, as well as the accomplishment of the requirements in development.

4. It is responsible on the information and the correct examination of the requests and of the necessities for Hardware and implementation of programs; takes care for the giving of the service, conform the rules of communication.

5. Takes care on the well functioning of the archive and of the protocol of the Institution.

Article 71

The sector of the professional formation

1. Monitors and follows the realization of the duties in conformity with the Regulation of the School in relation with the Initial and Continuous Formation.

2. Takes care on the recognition of the acts and regulation of the Institution and of all the acts which have to do with the Initial and Continuous Formation, on the accomplishment of the procedures object of the ground.

3. Controls the respectation of the law and of the regulations of the internal functioning of the Institution, as well as follows the procedures related with the offering of the service.

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4. Responds on the preparation, programming, planification, assurance and application of the programs and methodologies established from the Institution.

5. Takes care on the functioning and on the equipment of the sector with the appropriate logistics for the realization of duties, as well as meets other necessary duties on the activity of the other structures of the Institution in relation with the Professional Formation.

6. Analyses the dates taken from the scientific secretaries and creates necessary statistics for the institution.

7. Composes, plans the yearly program for the Professional Formation, in cooperation with the responsible of the subjects.

8. Keeps contacts with national and international institutions on cooperations and agreements in the context of the program of the Professional Formation.

Article 72

The sector of studies and publication

The sector of studies and publications has the duty:a) The formulation, evaluation, counseling, analysis, research and resolution of the

problems and matters object of the ground of the activity of Publications;b) The coordination of the activities of the cooperation of the School of Magistrates with

institutions like: courts and prosecutions of the judicial districts, courts and prosecutions of the appeals, HCJ and AHC, as well as other institutions, for reciprocal exchanges for the realization of different editions in the context of the activity of the Institution, as well as the receipt, information, correct examination of the requests for publications which come from different authors, jurists collaborators of the School on this activity;

c) The taking of the measures for the research, elaboration, perseverance, usage and exchange of the information in and out of the Institution;

d) Collection, examination, adjournment and evaluation of the requests and of the necessities for materials and legal texts, doctrines, jurisprudence.

Article 73

Library

1. The Library of the School of Magistrates intends to serve to the candidates for magistrate, to the academic staff, to the administrative staff and to the Director of the School of Magistrates with a reach and up to date literature in the ground of jurisprudence, in the help of jurisprudence, in the help of the education process and other activities for which is engaged the School.

2. Each candidate for magistrate, part of the academic and administrative staff of the School has the right to become member of the Library of the School. Candidates for magistrate, after the graduation may continue to be members of the Library, by opening a new membership card, after having turned back all the materials borrowed during the time of the study to School. Other persons such as: judges and prosecutors on duty, professors, authors and external experts who have relations of collaboration with the School of Magistrates may become members in the Library of the School only if are equipped with a special authorization from

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the Director. This authorization might be accompanied buy a copy of the identity card of the person interested to become member.

3. The manner of the functioning of the Library, normative rules of the different subjects in relation with the Library, relations among them, duties and responsibilities of the personnel of the library are established in the Annex 16 “Internal Regulation of the Library of the School of Magistrates”.

CHAPTER X

LABOUR RELATIONS

Article 74

The administration of the School of Magistrates

1. Close to the School of Magistrates acts the administrate, which helps in the realization of the mission and functions of the School.

2. The Administration of the School of Magistrates is directed from the Chancellor, who responds to the Director of the School.

3. The administrative personnel of the School of Magistrates has the status of the civil clerk, on the basis of the provisions of the law “On the civil clerk”.

4. The School of Magistrates employs supportive administrative clerks, according to the Labor Code. The criteria of the selection of the administrative personnel, work relations, nomination and release are done according to the envisaged of the law “On the civil clerk”.

5. The administrative personnel is trained after its nomination, in a periodical way and as many times as is required by the Director, on the basis of the work evaluation.

CHAPTER XI

FORMAL DISCIPLINE, MOVEMENT TO SCHOOL AND OUT OF IT, DISCIPLINARY MEASURES

Article 75

Basic principles of the ethics at work

1. The employees might be characterized by the honesty and dedication to work, as well as by the strict application of legal, sublegal acts and of rules which norm the discipline at work. Hierarchy is the basic principle of the functioning and of the construction of work relations of the administration of the School of Magistrates.

2. Are applied the highest standards of the ethical behavior in harmony with the values of integrity, impartiality and maturity envisaged in a more detailed way in the Code of Ethics of the School of Magistrates.

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Article 76

Respectation of the ethics at work

1. The employee might:a) Perform the duties in harmony with the legislation in power;b) Act in integrity during the official activity which means: honesty, correctness, justice and

loyalty to the work and Institution;c) To act independently from the political point of view and not to hinder the application of

the policies of the sentences, of the legal actions issued by the superior organs;d) To be kind in relations with the superiors, colleagues and his dependants; e) Not to act arbitrary in the exercisement of his duties, to show right respect for the

interests and the rights of the thirds;f) Not to allow that his private interests may come in opposition with his public position;g) To avoid conflicts of the public interests and never to exploit the position for his own

private interest. Possible conflicts of interest, which may influence negatively in the impartial exercisement of the duties by the employees of the School, might be declared that the Director in the most first case from him, when is charged with such a matter;

h) To keep the confidentiality of the information which has in hand, but without violating the application of the obligations which derive from the law no. 119/2014 “On the right of informing”;

i) To manifest respect and spirit of collaboration with the other employees.

Article 77

Formal discipline, movement in the Institution and out of it

1. The official schedule of work was 8.30- 16.30, from Monday up to Friday. Saturday and Sunday, as well as the official holidays are days of break.

2. Exits from work during the official schedule to go in other institutions of the administration may be done by taking the corresponding permission from the direct superior.

3. The employees might notify their direct superior for every activity they make in their function as employees.

4. During the work schedule the employees might perform their functional duties.5. Every absence to work is done on permission approved by the direct superior and by the

Director. Here make exclusion the cases for health reasons, which might be justified by a medical report.

6. Services are done only by the authorization of the Director. 7. After the return from services is done a report on the travel, as well as the results which are

achieved through a relation which is deposited in the file of the activity.8. Employees might be equipped with an identifying card of entrance which is handled in the

case of leaving out from that position of work. In the case of their loss, is notified without delay the responsible sector.

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Article 78

Disciplinary violations

1. Are considered disciplinary violations:a) The repeated non-respectation and out of reason of the work schedule and of the time of

work;b) The absence to work out of reasonable causes and out of notification;c) Then on-performation of the duties without reasonable cause or within he deadlines

established by the superior;d) The damage of the property of the School of Magistrates and of the state property, its

usage out of the official classification and the creation out of acceptable causes of the opportunity for its damage or bad usage. Disciplinary responsibility of the employee according to this point does not exclude his responsibility for the non damage of the caused property damage;

e) The violation of the rules of ethics of the employee to School;f) The non-application of the legal provisions in the accomplishment of the functional

duties; g) The violation of the rules established for keeping the secrecy or the confidentiality, the

information in the Institution.

Article 79

Types of disciplinary violations

1. To guarantee the complete application of the duty of the employees and to assure a more complete legal activity of the work relations, for the violations of discipline and for the non application of the duties, in harmony with this Regulation and with the requirements of the Albanian legislation in power, may be taken the following disciplinary measures:a) Remonstrance; b) The keeping up to 1/3 of the complete payment for a period up to six months; c) Suspension from the duty of promotion in duty, including the increase of the level of

payment for a period up to two years. d) Removal from civil service.

2. Written remonstrances are deposited in the personal file of the employee. 3. The above measures become invalid, if within 6 months from their issuing for the employee

is not taken any other disciplinary measure. Invalid disciplinary measures are removed from the personal file.

Article 80

Delegation

1. In the performation of his duties, the Head and the Authorizing Employee, within the ground of the application of the Law “On the financial management and control” may delegate to his dependants, starting from the highest hierarchical level after them, with the exclusion of the

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applier employee, some duties and responsibilities, by specifying the requests for the report on their realization.

2. The applier employee has the right to delegate his duties to his functional dependant, by specifying the requests for the report on their realization.

3. The delegation of duties might not violate the rights of the manager who delegates, or to discharge him from the responsibility for the realization of the corresponding duties, or for the selection of the dependant, to who has delegated the rights and the duties.

4. Might not be delegates the rights and the duties, on which the delegation is prohibited in the law.

5. The delegation of duties is done in the written form, in the form of authorization, registered in the corresponding register, which might establish correctly and clearly the ground of competences which are given, such as for example: the type of the sentences which are permitted in his competence, the value/limit up to which the employee is permitted to take financial sentences, the period within which the authorization has deadline, the possibility that the authorization may be transmitted further, in the direction of another employee of the staff, etc.

6. The employee, who is authorized, confirms through the signature the undertaking of the competences and responsibilities.

7. Employees, who are charged with duties and competences, might be selected in a careful way so that to accomplish in seriousness the trusted duties.

8. The head and the authorizing employee, undertake effective measures for the monitoring of the application of duties and delegated competences, in harmony with the level of delegating, asking for periodical reports on the realization of the activities, paying a special attention to the not ordinary events such as for example: the immediate increase of the expenses, etc.

CHAPTER XII

GENERAL RULES OF ENTRANCE, TREATMENT AND THE EXIT OF PAPERS/ OFFICIAL DOCUMENTS

Article 81

The official seal of the School of Magistrates

1. The Seal of the School has the form and the elements established in the point 2 of the Sentence no. 390, date 06.08.1993 of the Council of Ministers “On the rules of the production, administering, control and preservation of the official seals”, changed with the identifiable note “the School of Magistrates”.

2. The Seal of the School is produced, administered and preserved in harmony with the legislation in force.

3. The official seal is placed in the documents which are envisaged in the legal and sub-legal acts.

4. The official seal is placed in the papers signed by the Director of the School or by the person authorized by him.

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5. In the absence of the protocol-archive employee, the seal is preserved and administered by the assistant close to the Director, who acts in harmony with this Regulation.

Article 82

Procedures for the entrance of the Information to School

1. All the information and different messages which enter to School in the form of papers, fax, post are handled to the office of protocol for their protocoling.

2. In every document is placed the date of entrance, the seal and pass for recognition and cycling to the secretary of the Director.

3. Papers, information and different messages in harmony with the note of the Director, are sent to the competent employee.

Article 83

The deadlines of the treatment of correspondences

1. The deadlines placed for the solution and accomplishment of the charged duties, are as follows:a) For the ordinary correspondence is given the answer within 7 days of work from the date

of the taking of the material in hand;b) For the urgent correspondence is given an answer within 1 day of work from the date of

the taking of the material in hand;c) For the correspondences which will be judged to have priority is given answer within 5

days of work from the date of the taking in hand;d) For those correspondences which require the opinion and the cooperation with the other

sectors within the School the answer may go beyond the above mentioned deadlines, but might not be later than 10 days of work, from the day of the taking of the material in hand. For this intention the head of the unit represents his opinion in the written form to the next unit, who has the right to ask in the written form from his unit to be involved in the giving of the final opinion of the problem treated jointly. This opinion might be reflected with signature from each sector which has collaborated.

e) Papers are written in Times New Roman, of 12 size;f) Each employer responds for the preservation of the information which exists in his

computer;g) The employee, who has worked with a paper, writes his name, signature and sends it to

the direct superior.

Article 84

The manner of the composition of the documentation

1. Documents which come out of the School of Magistrates might have: the Emblem of the Republic, the intestation “Republic of Albania”, then nomination School of Magistrates and

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information on the residence, phone number, fax, e-mail, internet website, the number of the register of correspondence, place and date, the abbreviation of the subject, the address of the correspondent, the formula “in the answer” or “following the requisition” (when is the case), number of bonds (when there are), the text of the document, functioning, name and surname of the person who signs the document and his signature, as well as the seal. Date and number of protocol is placed after the signing by the head.

2. The copy of the document which is preserved in the secretary is signed even by the composer and the responsible of the sector. In it is written the quantity of the printed copies.

3. Home documents, such as: sentences, orders, guides, materials of the meetings of the Institution, studies, plans and programs of work, reports, relations, information, bilances, etc. have all the elements of the documents which come out, with the exclusion of the address of the correspondent of the formula “in the answer” or “following the requisition”.

4. Internal documents, when are sent to another organ, are accompanied by an accompany paper.

Article 85

The organization of the work with documents

1. Is prohibited the giving of the official information without the permission of the heads of the sectors, chancellor and/or the Director, when it is required verbally, especially by phone.

2. According to the law in the cases of the judicial conflicts or of the exercisement of the control, is placed in disposition a photocopy of the documentation with a process-verbal approved by the Director, after being presented from these recent ones a written request according to the law.

3. The information in the possession of the School in no case and for no reason cannot be used and treated with the thirds. Nobody is permitted to use it for personal intentions.

4. All the employees are forced to keep the confidentiality with their colleagues, as long as is necessary for the exchange of wok experiences or cases when is decided differently by the superior.

5. All the employees are forced to respect the secret in relation with the activity, procedures, facts which are related with their work as well as informations which are related with the professional and financial activity of the School.

Article 86

The manner of the creation and of the administering of the fund of theses

1. The models of theses of each phase of the competition in the School of Magistrates are approved on the sentence of the Directive Council of the School.

2. The fund of theses of the electronic evaluation, of the professional test and of the psychological test are created from corresponding commissions created through a sentence of the Director of the School of Magistrates.

3. Members of the commissions handle theses/questions in the electronic form and in print form to the Director of the School, in the presence of internal professors. The physical copy might be signed by the member of the commission of the formation of theses he has prepared.

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4. Each member of the commission of the formation of thesis might sign a declaration, where accepts that the copies which are being handled are unique copies. After the handling of the fund of thesis, the Director of the School, along with internal professors, work for the approval of each thesis, formation and composition of the final version of the examination, for all its phases.

5. The fund of theses will be considered confidential.6. The final fund of theses of test is printed in the presence of the Director of the School and of

home professors, as well as of the technical staff nominated from the Director of the School. The fund of theses will be printed only in a physical copy. After the printing, the electronic copy will be eliminated in the presence of the above mentioned people.

7. Theses are placed within signed envelopes, according to the type of test, grounds and their specification.

8. The physical fund of theses of the test is placed in preservation in a safe deposit in key and code. The key of the safe deposit and its code in no case will be preserved by the same person. The code is preserved by the Director of the School, while the key is preserved but the Responsible of the Program of the Initial Formation.

9. Before and after the test, this safe deposit is opened and closed in the presence of the keepers of the key and of the code, as well as of the internal pedagogical staff.

10. Problems related with the details of the realization of this process on the order of the Director, after the preliminary consultation with the internal professors.

Article 87

The preservation and the elimination of the documentation to the secretary of archive

1. On the order of the head of the School, is set up the commission of the expertise where take part experienced specialists of the main sectors, as well as the employee of the archive. The commission of the expertise is composed of no less than 5 specialists. It is directed by the head himself or by his substitute.

2. The commission of the expertise, on the basis of the “model list of the documents with the terms of the preservation and documents on national historical importance” announced by the General Directory of the Archives, composes the concrete list of their documents of national historical importance and of the documents of temporary term of preservation, as well as defines the terms of preservation for these recent ones.

3. Secretary-archive of the School organizes the work for the expertise of the value of the preservation of the documents. Each year are controlled files which have met the deadline of the preservation and after is taken the opinion of the corresponding sectors, is prepared the list of documents separated to be eliminated. (Annex 12: List of documents)

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CHAPTER XIIIFINAL PROVISIONS

Article 88

1. For matters which are not included in this Regulation is applied the general and specific legislation in force in the Republic of Albania.

2. Each employee is equipped with a copy of the Internal Regulation.3. All the employers of the School are forced to apply the rules and the norms of the work

envisaged in this Internal Regulation.

THIS REGULATION COMES INTO FORCE ON THE SENTENCE NO. _____ OF THE DIRECTIVE COUNCIL, DATE ___________

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