INTERNAL REGULATION
OF
THE SCHOOL OF MAGISTRATES
Tirana, on 26.02.2015
CONTENTS
CHAPTER I - GENERAL PROVISIONS
1. Scope of Regulation ------
2. Purpose of Regulation ------
3. Legal basis ------
4. Entities ------
5. Institutional Status------
6. Seat------
7. Mission ------
8. Objectives------
9. Activity of the School of Magistrates)------
CHAPTER II – INITIAL TRAINING
10. Registration of candidates in the Initial Training Program ------
11. Selection of candidates ------
12. Commission of the Competition ------
13. Declaration of the competitor------
14. Written exam ------
15. Way of evaluation ------
16. Declaration of outcomes and winners ------
CHAPTER III – CANDIDATES FOR MAGISTRATES
17. Registration of candidates for magistrates ------
18. Card of candidates for magistrates ------
19. Rights of candidates for magistrates------
20. Obligations of candidates for magistrates------
21. Disciplinary violations------
22. Participation at the steering activity of the School ------
23. Selection of representatives to the Steering Council of the Disciplinary Commission ----
24. Court of Honour ------
CHAPTER IV - PRE-PROFESSIONAL AND PROFESSIONAL INTERNSHIP
25. Assignment to the positions of the pre-professional internship ------
26. Leadership and control------
27. Professional internship ------
CHAPTER V - CONTINUOUS TRAINING
28. Continuous Training Program------
29. Registration at Continuous Training Program courses ------
30. Continuous Training Certificate------
31. Way of selection of lecturers and experts ------
32. Trainers, experts, moderators and facilitators of the Continuous Training ------
CHAPTER VI - GENERAL LEADERSHIP
33. Steering Council ------
34. Meetings of Steering Council ------
35. Decisions of Steering Council ------
36. Disciplinary measures ------
CHAPTER VII - ACADEMIC LEADERSHIP AND DISCIPLINARY PROCEDURE
37. Pedagogical Council ------
38. Disciplinary Commission ------
CHAPTER VIII - ORGANISATIONAL STRUCTURE
39. Internal organisation ------
40. Director ------
41. Internal Academic Staff ------
42. Chancellor ------
43. Sector of Finance and Services ------
44. Sector of Professional Training ------
45. Sector of Studies and Publications ------
46. Service Personnel ------
CHAPTER IX - LABOUR RELATIONS
47. Criteria for selecting the administrative personnel ------
48. Appointment to office ------
49. Dismissal from office ------
CHAPTER X - FORMAL DISCIPLINE, MOVEMENT INSIDE AND OUTSIDE THE SCHOOL, DISCIPLINARY MEASURES
50. Basic principles of ethics at work ------
51. Observation of ethics at work ------
52. Appearance at work ------
53. Formal discipline, movement inside and outside the institution ------
54. Disciplinary violations ------
55. Types of disciplinary measures ------
56. Revision of Disciplinary Measures ------
57. The delegation of tasks ------
CHAPTER XI - General rules for the entry, processing and outgoing of letters
58. Official Seal of the School of Magistrates ------
59. Procedure for the entry of information at School ------
60. Timing for processing the correspondence ------
61. Way of compiling out the documentation ------
62. Organisation of work concerning documentation in compliance with the ethics of training------
63. Way of creation and administration of the pool of sets of questions------
64. Storing and destructing the documentation at the archives secretary------
CHAPTER XII - LAST PROVISIONS
65. Last provisions------
66. Annexes to the Regulation------
Annex no 1Request for participation at the admission competition ------
Annex no 2Procedure for organising the examination for selecting the candidates for the School of Magistrates ------
Annex no 3Declaration on the evaluation of the impartiality of the jury members of the admission exam ------
Annex no 4 Declaration on the recognition and acknowledging the rules of the admission exam at the School of Magistrates ------
Annex no 5Rules for testing the mental health ------
Annex no 6Rules for administering and monitoring the admission exam at the School of Magistrates ------
Annex no 7Agreement – Act------
Annex no 8 Rules of clothing------
Annex no 9 Criteria for the evaluation of candidates for magistrates in the Initial Training and the models of tables and evaluation minutes ------
Annex no 10 Criteria for the selection of teachers/lecturer and experts of the School of Magistrates and the associating documentation ------
Annex no 11 Unified model of the teaching Syllabus and Program for each subject and the respective matrices------
Annex no 12 Model list of documents and the timing of storage------
Annex no 13 Job descriptions------
67. Entry into effect ------
INTERNAL REGULATION
OF THE
SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope of regulation
The internal regulation of the School of Magistrates of the Republic of Albania sets out the normative rules for relations being established among the participating entities in its activity, thus specifying the rights and obligations of the candidates for magistrates, teaching and qualification rules as well as their relationship with the managerial forums and the administration of the school, internal administrative structure and its functioning.
Article 2
Aim of Regulation
The regulation purports to establish the internal legal framework being necessary for the conduct of the activity of the school, put in place unified rules for the students and administrative discipline, as well as guaranteeing the active participation of candidates in the teaching process and other activities.
Article 3
Legal basis
The legal basis of this regulation shall be the law no 8136, dated 31/07/1996 “On the School of Magistrates in the Republic of Albania”, as amended by Law no 9414, dated 20/05/2005 and the Law no 97/2014, as well as other legal acts connected to the activity of the school.
Article 4
Entities
The entities of this regulation are the candidates for magistrates following the Initial Training and the participants in the Continuous Training of the School, the full time and part time teachers, the administrative staff, specialists, experts, facilitators. Moderators, Pedagogical Council, Disciplinary Committee and Steering Council.
Article 5
Institutional status
The School of Magistrates is a legal entity, the rights, tasks and responsibilities of which have been set out by law.
Article 6
Seat
The School of Magistrates shall have its seat at the address Rruga “Elbasanit”, pranëFakultetitGjeologjiMiniera, Tiranë.
Article 7
Mission
The strategic mission of the School of Magistrates is the training of judges and prosecutors with integrity, high professional and ethical qualities and skills, to the effect of enhancing the quality in rendering justice, as a service to the citizens and the strengthening of the rule of law.
Article 8
Objectives
The School of Magistrates shall, in its activity, have the following objectives:
Ensuring the teaching process for the three-year cycle of the initial training, through preserving the institutional resilience of the School of Magistrates, in terms of the contents of the initial training as well as of the objectiveness of selection of candidates for magistrates, their training and evaluation.
Organising and conducting the training sessions, through the consolidation of the continuous training programs, qualitative orientation of their topics, building on the qualification level of judges and prosecutors in generic and specific issues, connected to their tasks, in the field of legal education.
The domain of publications and research and scientific work, as an indispensable prerequisite for upgrading the professional level of magistrates in the course of the initial training, as well as judges and prosecutors in the course of the continuous training, along with their involvement as authors for preparing these publications.
Offering qualitative working conditions for unfolding the academic and administrative activity, aiming at consolidating and enhancing resilience of the School of Magistrates, as a contemporary institution.
Article 9
Activity of the School of Magistrates
The activity of the School of Magistrates is being aligned in three main directions to:
(1)Initial training of young judges and prosecutors;
(2)Continuous professional training of serving judges and prosecutors, as wel as other legal professions;
(3)Domain of publications and scientific research.
CHAPTER II
INITIAL TRAINING
Article 10
Registration of candidates for the Initial Training Program
Entitled to being registered as a candidate at the Initial Training Program shall be all the graduates having graduated from Law Faculties in the country or from Law Faculties abroad, the latter having their law diploma equivalented.
The School Director shall, incompliance with the number of vacancies set out by the High Council of Justice for the candidates for judges and by the Prosecutor General for the candidates for prosecutors, announce the notification for submitting the requests of candidates, making known the date of the exam, the documents due to associate the requests, deadline of submission and the list of subjects which are set to serve as a basis for testing the candidates.
The registration shall occur in compliance with the requirements set out in Article 16 of the Law on the School of Magistrates.
The candidate being registered at the School of Magistrates shall have:
- The general average grade over 8 (eight), on the condition of not falling under this grade, even the average of the marks of the main subjects, where are included: The Civil Law and the Obligation Law, The Penal Law, (The General Part and the Specific Part), Civil Procedure, Penal Procedure, The Administrative Law and the Constitutional Law. For those graduated as "Jurist" in university programs in foreign language, is anticipated a coefficient of difficulty equal with 1.2 that will ponder their factual average grade;
- Graduated as “Lawyer” in one of the public or non-Public Law Faculties, accredited in the country or abroad. Their graduation shall be established through the completion of a program under 5-year Bologna system;
- Graduated as “Lawyer” with a university diploma, being awarded prior to the adjustment of the university system to Bologna system, at a 4-year program, which is equivalent to a Second Level Integrated Diploma (DIND)”;
- At the same time, even the students having graduated as “Lawyer” at a minimum 4-year program no later than 2010, under Articles 31, point 6, and 89 of the Law no 9741, dated 21/05/2007 “On Higher Education in the Republic of Albania”, may be registered for competition;
- The students shall, their personal registration file, display certificates of English language exams based on international models, recognised by the Ministry of Education and Sports. The English language knowledge shall be at least basic level, for IELTS 5.0 points, TOEFL 35-40 points, and so on, similar to them.
- Certificates and recommendations from persons and institutions where they have lived and worked for their five recent years of their life.
- Every student shall be entitled to compete for the School of Magistrates up to three time starting from the academic year 2011 – 2012;
- Not entitled to compete for the school of Magistrates shall be its internal staff, as well as their family members or persons related to them, for a period of up to one year since the termination of their employment relations with the School of Magistrates;
- The candidates shall, in their registration file, display their personal data, their educational and professional qualification, a certified copy of their ID, a family certificate, criminal record certificate, forensic certificate;
- As well as a request about the profile of their choice, as judge or prosecutor. The request shall be filled out in the unique form distributed by the School of Magistrates (Annex 1).
- The School shall have the right to verify the authenticity of documentation being submitted by the candidates and it shall have the right to require additional information.
The School director shall set up a commission for the verification of the documentation referred above. This commission shall decide on the registration of the candidates for competition.
The registered candidates shall be subject to an admission competition.
The registration fee for participating at the competition shall be 10 000 ALL.
Every competitor shall, following his registration, sign up to a statement guaranteeing the authenticity of the documentation he has submitted (Annex 1).
Article 11
Recruitment of candidates
The recruitment of candidates shall occur through a written and oral examination, in accordance with the procedures specified by law and in this regulation with its respective annexes.
Article 12
Competition of candidates
The competition of candidates for the School of Magistrates shall start on 1 September. The number of participating candidates, date and venue of conducting the examination shall be announced publicly by way of massive information media, not later than 15 days prior to the date of exam date. The School of Magistrates shall set out the rules for the exam, which shall ensure equal competing conditions, anonymousness of the participants at the written exam, order within the premises where the exam is occurring and it also makes known the evaluation system for the exam and measures against the participants breaching these rules. (Annex 2: Procedure for organising the exam).
The School shall invite local and foreign experts for supervising the exam, who shall be entitled to follow actively all the competition procedures. The local experts shall not be allowed to be lawyers by profession.
Article 13
Competition commissions
The electronic evaluation commission shall be appointed by the Steering Council and its members are: School Director, a representative of the Steering Council and one or two technical experts for reading the scanning machine output.
The health and psychological health commission shall be set up by the Steering Council in cooperation with the Ministry of Health and it shall consist of two psychiatric doctors,, two psychologists and a full-time teacher of the School of Magistrates.
The professional evaluation commission consists of 5-7 members being appointed by the Steering Council, whereof 2-3 full time teachers and 3-4 part-time teachers, having a teaching experience at the School of Magistrates of more than five years. The latter cannot be commission members two times in succession. The number of the commission members shall be determined upon the decision of the Steering Council on the day of their nomination and it shall depend on the set of questions created out of the selection made by competitors.
The jury members shall, prior to assuming their task, sign up to a statement of impartiality in the course of assuming this function (Annex 3).
Article 14
Form and way of organising the competition
The admission exam at the School of Magistrates shall be conducted in writing and the surveillance, organised in two phases on different days, out of which: (i) first phase having a qualifying nature, with electronic evaluation and organised on one day; the candidates being qualified on the first phase shall go through a test pertaining to their mental and psychological test, which is organised during a couple of days, depending on the number of candidates; ii) after successfully passing this test, the candidates shall enter the second phase of competition: the professional test being conducted in writing on one day.
The model of the set of questions, approved by the Steering Council, shall on the first phase be organised in the form of alternative questions, where the responses are schematic, without text, according to the scan-tron technique (paper model attached).
The questions in the first phase shall test the knowledge of general and professional character.
The exam shall be conducted in the same hall and it shall be electronically evaluated on the spot, at the presence of the participants.
The candidates being qualified on the first phase and having collected not less than 60% of the points shall pass over for a metal and psychological health test.
The methodology of the testing of the mental and psychological health will be in the written type in the form of alternative questions and in the oral type asa permutation of the interviews in group and individually according to the Regulation anticipated in the Annex nr.5. After successfully passing this test, the candidates shall enter the second phase of competition.
The results achieved in all the tests shall be valid only for the year that the candidate is competing. In the upcoming years the candidates shall be subject anew to a competition with the entire types of tests.
The second phase – Professional Test, containing the theoretical part from the fields of law, provided for in the program of the admission test and the practical part, with two cases from the judicial practice. The exam questions shall be equal for all the competitors and they shall be set by casting lots by one or many candidates, for each group of questions broken down to the respective fields.
The rules for the administration of monitoring the admission exam at the School of Magistrates are provided for in Annex 6 of this regulation.
Article 15
Way of evaluation
The set of questions of the electronic exam shall, in the first phase, be maximally evaluated with 100 points.
The set of questions shall have not more than 100 questions/100 points and it shall be structured into 9 rubrics, out of which 8 with 10 points each, and the Albanian language shall have 20 questions with 1 point each. (attached the model set of questions).
The set of questions for the first phase shall consist of: 1) Test of Intelligence (logic, geography etc.), 2) International Relations – EU –History- Comparative Law -; 3) Albanian Language, 4) Psychology – Communication, 5) Civilian Conduct and Ethics 6) Constitutional Law – Human Rights – Administrative Law; 7) Family Law – Labour Law – Commercial Law, 8) Civil Law – Civil Procedure, 9) Criminal Law – Criminal Procedure.
The nature of the testing of the mental and psychological examination in which get included the candidates which are qualified from the first phase with scan tron, will be in the written type in the form of alternative questions and in the oral type in the form of interviews in group and individually. The evaluation of the commission of the mental and psychological health will be: gets qualified or not for the next phase of the contest. The demarcations and the method of this assessment will be detailed in the Annex nr.5.
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, of the civil procedure and of the penal procedure and with 50 points is evaluated the theoretical part of the other branches of the law as: the constitutional law, the administrative law, the family law, the labor law, the trade law and the EU’s law as well as the human rights. The part of the practical cases is evaluated with 100 points, of which 50 points for each practical case.
The electronic evaluation points and the outcome of the mental and psychological health test shall be added up to the points of the professional test in the admission exam.
Article 16
Announcing the outcomes and winners
Upon the completion of the competition, the final outcome of the written exam as well as the winning numbers shall be declared.