REPUBLIC OF ALBANIA SCHOOL OF MAGISTRATES

Transcription

1 REPUBLIC OF ALBANIA SCHOOL OF MAGISTRATES Tel-Fax (04) , Rr. Elbasanit, (Prane) Fakulteti i Gjeologji-Minierave, Tirane, info@magjistratura.edu.al; INTERNAL REGULATIONS OF THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA APPROVED BY THIMJO KONDI PRESIDENT OF THE MANAGEMENT COUNCIL 1

2 INTERNAL REGULATIONS OF THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA CHAPTER I General Provisions Article I Object of Regulations The Internal Regulation of the School of Magistrates of the Republic of Albania (in the following regulation ) sets the normative rules of relations created between the entities in its activity, it defines the rights and obligations of the candidates for magistrates, the qualification rules of teaching and the relations with the governing bodies and the school management, the internal administrative structure and its functioning. Article 2 The purpose of Regulation The regulation aims at providing the needed internal legal framework for the progress of the school activities, ensuring the same rules for the students and administration discipline, as well as to guarantee active participation of candidates in the process of teaching and other activities. Article 3 Legal Basis The legal basis of this regulation is the law no.8136, date , On the School of Magistrates of the Republic of Albania amended by the Law Nr. 9414, date and other legal acts related to school activities.. Article 4 Subjects The Subjects of this regulation are candidates for magistrates who follow the Initial Formation and the participants of the Continuous Formation in the school, the leadership and administrative staff, the experts, the Pedagogic Council, the Disciplinary Commission and the board of directors. 2

3 CHAPTER II Registration in the School of Magistrates Article 5 Registration of Candidates for Initial Formation Program. Added by the Decision no.35, the Board of Directors dated on On some additions to the criteria for the decision of students for competition in the School of Magistrates. The right to register a candidate for the initial training program, is given to all the persons qualified in the faculties of law in Albania and the persons qualified abroad, who have their diploma equivalent to the Albanian system. The School Director, in accordance with the number of vacant positions defined by the High Council of Justice, for candidates for judges and by the General Prosecutor, for candidates for prosecutors, declares the notice filling the requirements of applicants, making known the examination date, the documents needed to accompany the requests, the expiry date for their presentation and the list of the subjects that will serve as the basis for testing the candidates. The registration is performed in accordance with conditions laid down in Article 16 of the law for the School of magistrates. The candidate who is registered in the School of Magistrates should have: - The average grade 8 (eight). -Be qualified as Lawyer in one of the Public Universities of Justice, or the private ones, being accredited within or abroad. Their graduation should be based on the fulfillment of a program under the Bologna system 5 years. - Be qualified as lawyer with a university degree earned before the adoption of the studies Integrated Diploma of the Second Degree.(DIND) The students graduated as lawyers, with the minimum four years program, till 2010, based on the article 31, item 6 and 89 of Law No.9741, date , For the higher education in the Republic of Albania, may be registered in the competition In the personal file for the registration of the candidates, there must be submitted their personal data, educational and professional qualifications, the birth and family certificate, selected as a judge or prosecutor. The request is fulfilled on the unique form distributed by the School of Magistrates. (Annex 1) Registered candidates have to be contested to the admission competition. The registration fee for participation in the competition is 5000 lekë. ARTICLE 6 Selection of candidates The competition for the selection of candidates is done in written form. 3

4 The number of participant of the candidates, the date and place of the development of the competition, the publicly announced through mass media, is done not later than 15 days before the date the development of the competition.. The School of Magistrates determines the development of the competition rules, which should guarantee equal conditions of competition, the anonymity of the participants in the written exam, in order and silence in areas where the competition is takes place it make known the system of the examination and evaluation and takes al the measures for the participants who act contrary to these rules.(annex 2 -. (Annex 2 Procedure of Exam Organization.) For the observation of the competition the School of Magistrates, both native and foreign experts are invited, who have the right to follow actively, all the procedures. Native experts, being lawyer by profession, are not allowed. Article 7 The Commission for the Competition charge Changed by the Decision no. 11, date , of the Board of Directors, On some amendments and changes in the Internal Rules of the School of Magistrates., For the evaluation of the outcome of each candidate in the competition based on the Article 17 of the Law School of Magistrates, an experienced jury and well known lawyers, familiar with the justice system and professors of the School of magistrates, is set up. The criteria for the selection of the jury members are determined by the Board of the Directors before the date of the admission exam. The members of the jury, who are determined by the School Governing Council, after holding the written exam, are selected from the ranks of the permanent professors and three others among the professors who work part time. The participation of the same persons in two consecutive juries is not allowed. It is the duty of the members of the jury, to sign a declaration beforehand, for their impartiality during the exercise of this function. (Annex 3) Article 8 Statement of Competitors Before starting the competition, each one should be familiar with the rules of the competition. (Annex 4 Statement of competitors). Article 9 Written Exam The written exam is performed within one day, for both (judges and prosecutors), during which, in the first part of the thesis the general intellectual formation test is done, It contains: The intelligence test and an essay, while in the second half part, a professional test is held, as set out in the admission test program 4

5 and the practical part with two cases from judicial practice. The test questions are the same for all competitors and assigned by a lot thrown out by one or more competitive, for each group of questions divided according to the fields. Article 10 Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates., The maximum evaluation of the question ticket is 450 points. The test of the thesis of general intellectual training is evaluated with 100 points, from which 40 points for the evaluation of the test of intelligence, 30 points for the evaluation of the Essay and 30 points go to the evaluation of Ethics, communication and the citizen conduct. The professional test is evaluated with 350 points, from which 250 points for the evaluation of the of the theoretical part from which 50 points go to the theoretical part of the civil law, criminal law, civil procedure and criminal procedure. 50 points go to the evaluation of theoretical part of other branches of law, such as Constitutional Law and Administrative Law. The part of practical cases is evaluated with 100 points. 50 points for each practical case. Article 11 Announcement of the results and winners Changed by the Decision no. 11, date , of the Board of Directors, On some amendments and changes in the Internal Rules of the School of Magistrates, After the completion of the exam, the final results of the written exam and the winning numbers of the written test are announced. The opening of envelopes and the declaration of the results for each candidate together with the name of his secret number is done in the presence of the candidates, in the time and place announced in advance by the school administration. The winners are those who have obtained the greatest number of points in descending order no less than 60% of the total points, up to the completion of winning number determined by the High Council of Justice and the General prosecution, totally for both profiles 5

6 To make the choice of the profile that the winner wants to attend, the right to choose is given to the first candidate with the highest score and continues in descending order, until the election of the candidate in the last place. The right to choose is exercised in public manner and it is accompanied by the signed of a personal statement from each candidate. No bilateral agreement is allowed between the candidates to transfer to each other the right to choose. If it turns out that there are two candidates with equal scores, the right to chose has the candidate who has received more points on the essay questions and case. If the result comes out the same again, the right choice is made by lot. The candidates have the right to appeal only against the procedure of the performance of the admission test. Article 12 Registration of magistrates to the continuous training program All the judges and prosecutors of the first instance and appeal courts are registered to the continuous training program and for the sequential and continuous perfection of the magistrates. CHAPTER III Candidates for magistrates Article 13 Registration of candidates for magistrate Registration of candidates in the program of initial formation is done based of the decision of the Head Directors of the School of Magistrates, for the announcement of the final list of winners. During the registration time, the candidates sign an act-for the recognition of the acceptance of their rights and obligations, according to the law for the School of Magistrates and get familiar with the school internal regulations. (Annex 5 agreements). The refusal to sign the declaration brings, as a consequence, the elimination of the person from the list of the winners. In this case, he Management Council of the School of Magistrates decides on the registration of the next successful candidate who has earned the greatest number of points. Article 14 Student card The student card is given to the registered candidates. This document serves as an identification document and gives to the candidates the right to have full access and use all the opportunities offered by the School for his individual qualification, such as electronic devises, literature etc, as well as to be allowed to enter other institutions the for practical purposes. 6

7 Article 15 The rights of candidates for magistrates The candidates enjoy all unlimited and equal rights the law for the School of Magistrates and the internal regulation of the School grants them. The School of Magistrates takes all the measures to ensure: 1. A fair teaching process according to the program and curriculum determined at the beginning of the school academic year and year and also can be enriched with lectures of special cycles, in the field of law, ethics, sociology, and juridical psychology. The curriculum includes the cycle of lectures, individual obligations in both written and oral works, as well as the studying groups. Among the others in the studying groups, the candidates are exercised in drafting the court decisions, files of mock trials and their respective roles, in the drafting of the judicial ethics codes and mechanism of their implementation, as well as the regulations for the judicial review proceedings. 2. Full access to the candidates during the teaching process and the creation of the necessary facilities for their complex and individual training by offering all the literature of the School Library, IT lab, the court room for mocking trial, technical equipment to stimulate the skills of their independent activities.. 3. The necessary financial support to the candidates in accordance with provisions of law for the School of Magistrates. 4. The active participation of the candidates in leading activity of the School through their representatives in Leading Council and the Disciplinary Council as well. 5. Fair procedures that ensure the protection of the candidates from unfair disciplinary measures, as well as the full information on the evaluation they get for the fulfillment of the obligations during the education process. Article 16 Obligations of candidates Candidates have the duty to strictly implement all the obligations deriving from the Law of The School of Magistrates. In particular they are: 1. To attend systematically the theoretical lessons of the program of initial formation. The unjustified absences in more than 10 % of the lesson program bring as the result the expulsion from the final examination of that subject. 7

8 2. To fulfill all the obligations coming during the implementation of the lesson plan, both in the common and individual process, as well as the qualification, including the in between and final exams. If the student gets the evaluation sufficient in more than three exams in professional and pre-professional probation too, he fails getting the diploma. 3. To respect the rules of the professional ethics, the order in the interior environment of the school, to maintain and better manage the materials and the equipments which are available during the school attendance, to respect the ethic rules regarding the attire they would use in the school environments, and during the internship (annex 6, Terms of Clothing). 4. To compensate the School of Magistrates in the amounts they profited during the school, in case of the abandonment or exclusion from this school, in accordance of the Article 18 of the Law School for Magistrates of the Republic of Albania. 5. The candidates have not the right to repeat the exam for the second time to improve the results. The candidates the first and the second academic year , are excluded from this rule. For this point they have to follow the former regulations. Article 17 Disciplinary violation The following are disciplinary violation for the candidates of magistrates: A- Hiding or giving false declaration of personal information related to the fulfilling of the criteria for the participation in competition for the selection of the candidates for magistrate, and those who follow the program of initial formation. B- Violation of rules of procedure during the competition for the selection of the candidates for magistrates as well as the rules of the evaluation in the theoretical course during the professional and pre- professional probation. C- Abusive or improper usage of the student card for exercising the rights and obligation of candidates for magistrates in activities, the school premises and outside it. D- Violation of the adopted rules on ethics and outer appearance for the candidates for magistrates, E- Violation of the rules related with the activities of the judge, prosecutor or the officials of the bodies in justice system where the candidates take part in activities and perform the pre and professional internship. F- Violation of rules of behavior in the school premises and during the school activities or outside. G- Unjustified absences in the theoretical program of initial training performed during the pre and professional the internship. H- Failure to comply with other obligations related to the implementation of the program and curriculum. I- Causing damage or abusive use for reasons not related to the qualification for magistrates or with the object and their corresponding destination, of the 8

9 materials, school equipments and facilities, as well as those where the activities are developed, including here the initial formation.. J- Violations of law, acts and behavior of the candidates for magistrates out of school and in the institutions they do their pre and professional internship. K- Doing actions and exercising the activities that are inappropriate to the figure of the candidate for the magistrates and the incompatible with the position of magistrate. L- The Actions and exercising unfavorable activities to the figure of the candidates for magistrate and in compatibility with his position. M- Violation of other obligations provided by law as well as acts approved by the Management Council of School. 2. Disciplinary measures, as a rule, are given in an escalating manner. Repeated disciplinary violations and those having really violated the figure of the candidate for magistrates or school activities, bring as the result a serious disciplinary violation. Disciplinary measures are decided in accordance with article 12 of the Law for the school of magistrates. 3. In case a candidate for magistrates is punished for committing a criminal offence, he is expelled from school. Article 18 Participation in to the management activity of the school The candidates participate in the school management activities of the school, through their direct involvement in the assembly meetings of candidates, and their representatives in the Management Council and the Disciplinary commission. The assembly of candidates is a general meeting of candidates, who attend the initial formation. It is called by the director of the school by his/her own initiative or by the proposal of one-third of candidates. The assembly of candidates appoints the representatives of the Management Council School, who are elected on mandate of 3 years, which ends when the student gets the diploma. The assembly appoints too the Disciplinary Commission with a mandate of 1 year, as well as the members of the Court o Honor. The assembly accepts recommendations for the school governing bodies regarding the program and the curriculum, rules and ethics and discipline, the facilities for secondary areas of interest for candidates, the library enrichment, etc. The assembly holds at least two meetings per year. Article 19 Election of representatives to the Executive Council and the Disciplinary Commission. The candidate for the election to the Executive Council and Disciplinary Commission of the School is proposed by a group with no less than 5 candidates. The voting for the election of the representatives is secret. Only two of the candidates who have got the greatest number of votes are elected. 9

10 Article 20 Court of Honor The Court of Honor is composed of three candidates The Assembly elects the candidates to the Court of Honor by means of secret ballot. The regulation of the Court of Honor is drafted and approved by the Assembly of the candidates, the regulation must be sanctioned in a special way, the right of the Court of Honor to investigate all the accusations for disobeying the rules of ethics from the magistrate, the right of the accused candidate to be defended by another colleague, as well as the right of the Court of honor to assign a representative of accusation from the ranks of the candidates. CHAPTER IV The pre and professional internship Article 21 The assignment of pre internship places. After a successful graduation of the theoretic course of the first year, the candidates are appointed to do the pre internship in a court or prosecution office. The assignment of the candidates in pre internship places is rather done by the director of the school who also informs the candidates for the judge and their attorney being responsible for the internship. During the period of the pre-professional internship, the candidate must attend classes two days a week, the theoretical discussion sessions and mocking trials which are performed in school, and three days a week doing the practice in the court prosecution, or other institutions related as it is foreseen in the school curriculum. During the second year of school, the candidates prepare thesis, approved by the Director of the School. The opponent of the theme is assigned by the Directory of the School. The topic is prepared in 5 copies, 1-2 copies are left in the school library. The theme is defended at the end of the academic year before a jury which is assigned by the decision of the Director of the school. The maximum evaluation of the theme is 100 points. Article 22 10

11 Leadership and control The leader of the internship directs the practical internship of candidate engaging him in consultations and active pursuit of the issues in the review proceedings. At the end of the internship, the leader prepares a detailed report on the activities that the candidate covers the level of the knowledge, the areas where the deepening of the professional qualification is require, as well as characteristic of his professional ethic. The directory of the school follows the practical activity, in continuity during the pre professional internship, through the internal professors. They organize the control of practice attendance, periodic meetings with the candidates to be familiar with the activities and the problems, by gathering their suggestions and leading them to the full use of the opportunities offered by the relevant prosecution or court to their complex formation. The Directory of the school, through the pedagogues responsible, attends the practical preparation of the candidates to the places of internship, their participation in the theoretic, mocking trials etc. The maximum evaluation is 100 points. It is done by the professors responsible after getting the evaluation of the judge or the prosecutor in charge and the commitment to theoretical lessons, the discussions and the mock trial are prepared by the Pedagogical Council. Article 23 After the completion of the internship, the candidate is subject to pre-professional internship, which consists of active participation in the pursuit of less complicated issues, under the leadership of a judge or prosecutor. The assignment of the candidates for the professional internship is made in accordance with the provisions of Article 18 of the law for the School of Magistrates. To run and control the activities of the candidates, the rule set by the above article is applied. By the end of the professional internship, the evaluation of the acts of compiled decisions is done. Each candidate puts down the file with materials to the chief-secretary, within the set time limit, assigned by the Directory of the School. The separation of the files is done by drawing a lot and the evaluation is done by the commission of experts, appointed by the Directory of the School. The experts should be persons of having a good professional and moral reputation who should be collaborators with the School of Magistrates and have close cooperation with the School of Magistrates. The final evaluation of the third school year is done by the Pedagogical Council. 11

12 CHAPTER V Continuous training Article 24 Continuous training program 1. The School of Magistrates makes the draft of the program project and the calendar of the continuous training for judges and prosecutors at the beginning of School. For drafting the thematic content of the continuous training program, the opinion of the Chairman of the Supreme Court and the Minister of Justice and the members of the Pedagogical Council of the school is got previously. To identify an appropriate theme, the leading staff of the school and the persons responsible for the continuous training (CT): Implement of regional meetings with judges and prosecutors and their leaders Prepare and sending questionnaires to attract the interest in practical matters. Analyze the specific sections (suggestions for future activities) to questionnaires distributed during the training sessions. Realize direct discussion during the training sessions. Take the opinion of other institutions interested in justice reform. Consult with international partners of the school; verify the government priorities regarding the new legislation that effects the operation of justice in the context of approximation with EU legislation. The continuous program includes the sequential formation of the provisions of the law regarding the continuous formation, the training methodology and the calendar of the activities of CT, the model of registration form, the model of certificate, the content of the agreement of understanding with the expert trainers and facilitators; thematic content of the FV program whish is coded according the to the fields and description of each course, dates, type, the group of participants and financial support. The thematic content, of CT, the list of the training experts, the list of the facilitators, the training methodology and the calendar of the activities of CT, are approved by the Leading Council. 12

13 Article 25 Registration in the continuous training courses The training program and the schedule of the continuous program is published and sent free to all judges and prosecutors of the first instance and the courts of appeal The chairmen of the district courts and prosecutions and appeals too, prepare the list of the participants for each training session, taking into account: the individual request of a judge and a prosecutor, the section where he operates and the necessities of the court or the prosecutor, the obligation and the legal right to be trained for no more than 20 days a year and no more than 60 days within 5 years, based on the article of the law On the School of magistrate. The list of the participants drawn from the chairmen of the district and appeal courts and prosecutors of the district and appeals, under the relevant courses, are proposed to the Director of the School. The staff responsible for CT prepares a fully list of the prosecutors and judges of the first instance and appeals to the whole Republic of Albania, separated from by courts and PCF, based on the proposals of the chairmen, on its logistical opportunities, as well as on a broader evaluation of the necessities for training. Article 26 The Certification of the Continuous Training The school keeps all the records of the all the information about the participants on each training session, the lists the invited persons in every session, and the list of those provided with certifications. In a special school record, are hold all the information from all the areas of training, the themes of the training sessions, and the training time for each participant. At the end of the training, judges and prosecutors who participate in the training sessions throughout it, are all provided with a certificate that is signed by the Head Along with attendance, every three months, the school reports to the High Council of Justice (item 11) and receiving or not the certificate of the participants, in order that the relevant institution make the personal file. The name of the magistrate, his (her) profession, and the duration of the activity, are written on the certificate. Article 27 Selection of the teachers and experts Modified by decision, nr. 26, date , of the Management Board The appointment of the pedagogues and experts of the School of Magistrates is based on the regulation on the criteria of selection of the pedagogues, approved by the decision of the Management Board of the School of Magistrates.(Annex 9) The selection criteria, the stage this process undergoes, and the ways of continuous and periodic evaluation of the teaching activities of the pedagogues, are determined according the above mentioned regulation. 13

14 The selection of the pedagogues and experts is done by the proposal of the Director of the School and by the approval of the Management Board after the public proclamation of the vacancies and the needs of Initial Training or the continuous training of judges and prosecutors, at the beginning or during the academic year. Article 27/1 Trainers, experts, moderators and the Facilitators of the Continuous Training Added by the decision nr. 26, date , of the Management Board. During the Continuous Program of the judges and prosecutors trainers, experts, moderators and facilitators will be activated. To determine the list of the trainers and experts, the school invites publicly to apply all judges and prosecutors, who think that they have personal expertise in the areas and topics of continuous program. The application is followed by the documentation provided in the Rules on criteria and procedures for the selection of the pedagogues in which specifically will be given a description of the problem issues or cause, they have chosen (mini module) and the literature that will be used. The list of experts (and the documentation submitted, after being approved by the Management Board) is notified to all applicant to begin the preparations. The school, in cooperation with the experts prepares agreements for the training sessions and the reciprocal rights and obligations. The School prepares sessions of training of trainers, at the beginning of the academic school year or during it, those mainly for the trainers of obligated pedagogical limited experience. Each group of the trainers or experts activated in a workshop should realize the moderation of the activity as well. In exceptional cases when the training activity is performed only by the foreign experts, a specific requirement is presented by experts or the donors of the activity, and then, the moderator of the event will be determined by the Director of the School of Magistrates from the inner ranks of the full time pedagogues. During the training sessions, in order to support the work of experts and moderators, aiming at extracting the literature or the selection of cases of judicial practice necessary for the training, the facilitators can be used. The school determines the list of the facilitators for each training session from the ranks of judges and prosecutors, standing out in the active participation and training sessions and study skills and high scores in school. The duties of the facilitators are defined in the agreement between them and the school. 14

15 CHAPTER VI General direction Article 28 Management Council The Management Council stands at the head of the School of Magistrates. It leads collegially controls the entire academic, administrative and financial activity in order to fulfill the goal and tasks charged by the law of the School of Magistrates, The Management Council realizes its leading functions over the School, calling to account for specific problems of work, the Director of the School, or inspecting with member groups the accomplishment of the duties charged by him (her). The management Board has the duty to follow the implementation of the criteria for the admission of candidates attending the initial training program and announce the final list, sets the criteria and the rules of the selection of the teaching staff as well as their appointment and the their removal from the office, by the proposal of the Director of the School. It sets within the budget, organizational structure and criteria for the appointment of administrative personnel;, adopts and follows the implementation of the Internal Regulation of the School s and the annual program and its activities; it determines, by the proposal of the Director, the curriculum regulates the relations between the subjects for the joint and particular of the candidates, according to their profiles as judges and prosecutors; it proposes the project- budget and inspects the reports of the Director for the implementation of the budget, the expenses and incomes; presents the annual reports before the High Council of Justice and General prosecution for the results achieved and the directions of the Work for the future. Article 29 The meeting of the Management Board The meeting of the Management Board shall be called by the Chairman The management Board is summoned at least once in three months. No less than three members of the Council or the School Director have the right to call the Management Council and insert issues in its agenda. The Council is summoned no later than 15 days from the presentation of the written request. The Chairman, after the consultation with the vice Chairman and the Director of the School of Magistrates, sets the date, the time the place, including the daily agenda issues of usual meeting and takes measures to distribute the materials to the members. The materials or meeting reports are prepared according to the assignment done by the Chairman, the Director of the School or the group of members of the Management Board In cases of extraordinary meetings, the Chairman of the Management Board announces the members of at least 24 hours before. 15

16 The Management Board decisions are open to the public. Article 30 Management Board decisions. After hearing the discussion of the reports presented by the Director of School, or the inspecting group, the Management Board takes decisions by majority vote. When votes are equal, the Chairman s vote is decisive. The Decisions of the Board are with the signed and sealed by the Chairman and sealed by Board. A copy is sent immediately to the School Directory, the decisions are obligatory for implementation by the Directory, The pedagogical Council, or the Disciplinary Council of the School. The School Decisions along with other materials of the meeting are deposited at the Secretariat of the Chairman of the Board. Article 31 Disciplinary measures. The Management Board acts as the disciplinary body taking relevant decisions in written form for the nominations that are under its competencies. The disciplinary measures are proposed by the Director of the school or mainly by the inspecting groups sent by the Board itself. When cases of violations of labor discipline are identified, by the Director himself, the Management Board decides to beginning of the disciplinary process against him and the materials are sent to the High Council of Justice, for taking disciplinary measures against him. The Management Board takes disciplinary measures against the nomination on its competencies, the violation of the work discipline, for judges and prosecutors provided in the law On the organization of Justice in the Republic of Albania. The cases provided in article 41 of the above mentioned law, are considered as violation of labor discipline. 16

17 CHAPTER VII The academic management and the disciplinary procedures Article 32 Pedagogical Council The academic activity of the school is led by the Pedagogical Council, the composition of which is defined by article 9 of the law on School of Magistrates and the decision of management council, date The pedagogical Council consists of: The Director of the school. Four internal school pedagogues. The officials of the main subjects: Civil law Criminal law Civil procedure Criminal procedure Family law Commercial law Constitutional law European. Community law Human rights Professional ethics Legal reasoning and writing Administrative law, labor law and one judge and one prosecutor, being the representatives of the Management Board. The Pedagogical Council takes part in the preparation of the initial training curriculum and the continuous training program; The Pedagogical Council reviews and approves the recommendations of Assembly of the candidates for special cycles in special areas of law, ethics sociology, and legal psychology. The pedagogical Council also processes the orientations for the practical activities of the candidates during the pre and professional internship. The Pedagogical Council makes the final evaluations of the initial training program, based on the results achieved during period of two years of the theoretical school academic year and during the pre professional internship and the end of the professional one. The Pedagogical Council follows in continuity the implementation of its decisions on school academic activities. It is called by the proposal of the Director of the School, who proposes the agenda for each meeting, or when it is requested by three of its members. 17

18 Article 33 Academic staff Full time pedagogues are appointed by the Management Board, by upon a proposal of the Director of the School under the criteria established by this Board. The selection criteria are according to the Annex No.9 Article 34 Disciplinary committee The disciplinary committee acts as a disciplinary body and as a complain body which examines, takes decisions in a written form, for disciplinary violations of candidates of the initial training. Its composition is defined in Article 11 of the Law School of Magistrates. For any issue taken in consideration by the disciplinary committee, the Chairman submits his committee members and the person against whom disciplinary measures are taken, the material, not later than 10 days before the Committee meeting. The representative for the prosecution in the disciplinary Committee is one of the members of the Court of Honor, assigned by lot. No disciplinary measure can be taken without hearing the person proceeded against. The candidate, for whom is taken a disciplinary measure, has the right to present his pretensions in written form in order to oppose the disciplinary measure or the type of the proposed disciplinary measure given by the Director of the School. He has the right to complaint against the Disciplinary committee, but those given by the later complain against the Appeal Court of Tirana, within 10 days from the date of communication. The complaint does not suspend the application of the disciplinary measure for the first and the second year students. A disciplinary measure can not be given after a year has passed since the violation. In each case, the candidate has the right to participate in the review of the matter together with his defending colleague, to present orally their claims and to seek that other people who provide information about the case, to be heard. The same procedure is applied when the disciplinary committee acts as an appeal body. The procedures and decisions taken for disciplinary proceedings of the candidates are reflected in their personal file. 18

19 CHAPTER VIII Administrate (the staff) Article 35 Structure Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates. The administration is organized (run) on the function of the activity of the school, which exercises duties of a leading, assisting, executive and service character. The organizing structure of administration is comprised of: The Department of the Initial Formation. The Department of the Continuous Formation The Department of Publications Chancellor The Directory of the Foreign Relations The Directory of Economic Issues Human Resources and Services The Directory of the professional formation and the organization professional Library The Laboratory of IT. The personnel serving Article 36 Director The director is the head of the School of Magistrates and the representative in front of public and private bodies. His competencies are defined by the law of the School of Magistrates. On the application of this law and regulations, he directs and leads the administrative, financial and academic activity, guaranteeing its administrative, financial and academic autonomy. He (she) reports before the management Council on the activity of the school and requires from the head of Council, to be called in every case, when the meeting of the council is necessary. - To execute his (her) competencies, the director enters into contract with juridical and physical persons in accordance with corresponding legal provisions as well as special contracts with the part time pedagogues for their engagement to the teaching program. - The director suggests, nominates or suspends from work the teaching personnel, as well as nominates or dismisses from duty the school administrative personnel. 19

20 - The director prepares, suggests and recommends the project of internal regulations of school annual project program of its activity, as well as their amendments. -Executes the duties derived by the law, by the decisions taken by the management Council and other recommendations from the High Council of Justice. - Asks for funds from the government, donations, associates and individuals, administrates in an independent way the incomes according the main directions defined by the Management Council according the conditions defined by article 4 of the law On the School of Magistrates. -Takes measures for the publication of the literature and text books. -Leads the Pedagogical Body, coordinates the work with them, asks for and approves the teaching program for each subject, verifies their appliance good quality of teaching. The director proposes the candidates for pedagogues to the Board. Article 37 Chancellor Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates. He (she) is in charge of serving and exercising the function as a chief of the personnel.; he(she) coordinates professional contributions of the directories, regarding the formulation in policy, in areas covered by the institution; ensures if in the formulation of the policy the proposals and are taken in consideration the respective contributions from other institutions and other sources; reassesses the management methods, the use of human and financial resources, during the implementation of the of the policy and decisions; ensures that activity of the institution and the proposed changes towards it, are in accordance with relevant legal requirements, stimulates the positive development within the management in the institution, overseas the process of preparing the financial budget and controls its implementation; he (she) presents in relevant institutions the periodic reports, financial statements and annual report for implementation of the budget; it provides to the institution the necessary system of information, in order to manage and to use the relevant information, promotes the effective communication and effective coordination in the institution and as well the positive changes in the method of management.. 20

21 Article 38 Article 38 is repealed Article 39 Directory of Foreign Relations Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates. The Directorate of Public Relations and running and taking measures for means of communication and public relations for clarification, simplification of operations and administrative documents of the institution, to receive, the correct information and review of the complaints and requests of the public; it is responsible for drafting all relevant documentation and communication with the device diplomatic in order to equip with visa the personnel assigned to serve abroad; it follows and takes measures for research, processing, storage, use and sharing of information within and outside the institution, and take measures to communicate and exchange information with the press bodies and mass media; cares for services organization home and abroad, in conformity with the communication rules with the side where service will be conducted; cares of taking into account the needs and proposals of institutional structures during the drafting process of the annual program; Article 40 Economic Department, Human Resources and Service Changed by the Decision no. 11, date , of the Board of Directors, On some changes the Internal Rules of the School of Magistrates. 21

22 It take measures to meet the needs of the institution regarding financial resources and their management, cares for the recognition of financial situation; to fulfill the procedures for meeting the budgetary requirements preparation of the institution; takes measures to meet the needs of the institution, on human resources for the selection and professional training of employees, manages the documentation; controls the respect of the law and internal rules of the institution and follows the procedures regarding the disciplinary measures against personnel; it is responsible for the preparation, programming, planning, ensuring and the implementation of the approved budget for the implementation of financial and investment funds in the areas of operation of the institution, the financial internal audition and informs the authorizing officer; it cares for the management, inventory and maintenance of movable assets and property of the institution, takes care of the needs and the proposals of the institutional structures in the draft budget; it follows the implementation of actions to maintain the account, the accounting books and cash, care; it takes care of the functioning of the means of communication for the distribution and movement the vehicle, it takes care of cleanliness and order in the work environment for their safety and security, as well as the performance of other services necessary for the operation of institutional structures. Article 41 Library Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates. It collect, review, plan, update and assesses the requirements and needs for material and legal texts, doctrine, jurisprudence; it provides, informs, clarifies the candidates for magistrates as well as academic staff to the field and material requirements in development and it is responsible for the compilation, expecting, the correct review and correct information on the proposals, complaints and requests; attending and taking measures for research, processing, storage, use and sharing of information both home and abroad,; it cares for providing services, according to the rules of 22

23 communication; it drafts annual program of library activities, after being informed regarding the necessities and the proposals of readers. Article 42 IT specialist Changed by the Decision no. 11, date , of the Board of Directors, On some changes in the Internal Rules of the School of Magistrates. It provides, informs, clarifies the academic staff, the candidates for magistrates and administrative staff for more efficient operation of Internet and internal network of computers to install new programs and support requirements in development; it is responsible for the information and the correct review, of the requests; it collects, reviews, plans, updates and evaluates the requirements and needs for Hardware program, the and program implementation; it cares for service, according to the rules of communication; it drafts annual program of the activities of the Office of Information and Communication Security, after being is informed about the needs and suggestions of the staff. Article 43 The organizing and professional training department Changed by the Decision no. 11, date , of the Board of Directors, On some changes and in the Internal Rules of the School of Magistrates. It monitors and follows the execution of duties in conformity with school regulations regarding the initial continuous training and publications. It cares for the recognition of acts and regulations of the institution and all 23

24 acts relating to the initial training and publications, to meet the procedures being object of the field It controls the observance of law and internal rules of operation of the institution, and follows the procedures regarding the service delivery; It is responsible for the preparation, programming, planning, providing and implementing programs and methodologies established by the institution; It cares for thee equipment and of scientific secretary to have the necessary the logistics for the implementation of tasks and fulfill other duties necessary for the operation of other institutional structures in relation to professional training. It processes the data obtained from scientific secretaries and creates all the needed statistics for the institution. It designs, plans the annual program for professional vocational training in cooperation with the responsible persons of the department. Article 44 is repealed Article 45 Personnel serving Personnel serving Personnel serving are drivers, cleaners and storekeeper. Their number is shown in the administrative structure of the school. This staff will also perform additional tasks depending on the needs and requirements of the school. ) 24

25 CHAPTER IX Preservation and preparation of documentation Article 46 Manner of preparation of documentation. Documents from the School of Magistrates should have: The Emblem of the Republic, Republic of Albania", The School of Magistrates and the information on location, phone, fax, , website, number of register of correspondence, place and date, cutting material, the address of the host, the formula "in response" or "following the letter (where applicable), number of links (if any), the text of the document, position, name and surname of the of protocol is of placed after the it is signed by the. The original document kept in the secretary is signed by the compiler and the person responsible of this sector. The number of the copies of the exemplars is also written in the original document. Internal documents, such as decisions, orders, instructions, materials meeting the institution, studies, plans and work programs, reports, relations, information, balances, etc, have all the elements of the documents that come up, except the host address and of the formula "in response" or "following the letter. The internal documents, when delivered to another organ, are followed by an accompanying letter. Article 47 The preservation and the destruction of documents of the Secretariat Archive Article 47 The preservation and the elimination of the secretariat archive. Under the authority of the director of the school, an expertise board is created, Specialists of great experience of the main sectors, as well as the archivist, take part in the this commission. There are no less than 5 specialists in the expertise board and he is chaired by the director or its deputy. 25