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Request

Year:  2017
Request Date:  02.10.2017
Claimer:  NATIONAL ASSOCIATION OF THE JUDGES OF THE REPUBLIC OF ALBANIA, represented at trial by the Chairman of this association, Mr. Erjon Bani. UNION OF THE JUDGES OF ALBANIA, represented at trial by Mr. Genti Dokollari, with authorization.
Interested Subject:  ASSEMBLY OF THE REPUBLIC OF ALBANIA, represented at trial by Ms. Vasilika Hysi and Ms. Yllka Banushi, with authorization.
Object:  1. The repeal as incompatible with the Constitution of article 7, point 2, letters a and c; article 59, point 1, the wording the Deputy Chairperson; article 62, point 8, the wording 2 non-judges members and 1 judge member and point 13, the wording 2 non-judges members and 1 judge member; article 68, point 6; article 76, point 2; article 157, point 1, the wording the Deputy Chairperson; article 160, point 8, the wording 2 non-prosecutors members and point 13, the wording 2 non-prosecutors members and 1 prosecutor member; article 166, point 6; article 175, point 2, of the Law no. 115/2016 On governance institutions of the justice system. 2. The repeal as incompatible with the Constitution of article 12, point 2, letters b and c; article 42, point 3, letters a, b, c, ç, and its points 8 and 9; article 43; article 47, point 2, letter a, the wording out of which at least 5 years as judge in the area of criminal justice... and letter b the wording ... out of which at least five years as judge in criminal matters..., point 4, the wording ... out of which at least five years in the area of law relevant for the vacant position..., and point 5, the wording ... out of which at least five years in the area of law relevant for the vacant position; article 53, points 11 and 12, of the Law no. 96/2016 On the Status of Judges and Prosecutors in the Republic of Albania 3. The repeal as incompatible with the Constitution of article 4, point 2, the wording or on the overall assessment of the proceedings; article 36, point 3, the wording or the persons suspected of being involved in the organised crime for the purposes of this law; article 37, letters b, c and ç; article 38, point 1, the wording upon confidential information, and other available information, point 4, letter b, the wording or a related person, letter c, the wording or a related person and letter d, the second phrase The persons alleged membership in organized crime is well known, has been publicized, or is a matter documented in the respective registers.; article 39, point 1, the wording or with alleged members of organized crime; article 49, point 1, letter ç and point 2; article 54; article 56, point 1, the wording not later than three months from the entry into force of this law; article 61, point 5, of the Law no.84/2016 On the transitional re-evaluation of judges and prosecutors in the Republic of Albania.

Collegial Court Verdict

Number:  
Date:  
Decided:  
Session Date:          Time:  

Court Verdict

Number:  78
Date:  12.12.2017
Decided:  Accepted

Other

Categorization:  
Entire Verdict:  Nr: 78 Date: 12.12.2017
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