REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
Tel-Fax (04) 36 3914, Rr.”Elbasanit”, (Prane) Fakulteti i Gjeologji-Minierave, Tirane, E-mail: ; www.magjistratura.edu.al
INTERNAL REGULATIONS
OF THE SCHOOL OF MAGISTRATES OF THE
REPUBLIC OF ALBANIA
APPROVED BY
THIMJO KONDI
PRESIDENT OF THE MANAGEMENT COUNCIL
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.31.07.1996,”On the School of Magistrates of the Republic of Albania” amended by the Law Nr. 9414, date 20.05.2005 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.
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 28.09.2009.. “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 got 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 21.05.2007, “For the higher education in the Republic of Albania”, may be registered in the competition
In the personal file of the registration of the candidates, they must submit a certificate of English or French tests, based on the recognized the Ministry of Education and Science. International or national certified (accredited)”. This rule is effective only for 2012-2013.
- For the candidates who will begin studies in the School of Magistrates, in the academic School year 2012-2013, will have a condition for receiving the magistrate diploma (at the end of the 3 years studying period) the certificate of the English language, based on the language tests recognized by the Ministry of Education and Science.
- The right to compete in the School of Magistrates belongs to every student three times. The students who have competed one or more times until the Academic School Year 2010-2011, will also have two other competition opportunities”.
- In personal file the candidates should submit personal data, educational and professional qualifications, the identity card and a photocopied of the notarized family, criminal record, forensic report and a request for the selected profile as a judge or a prosecutor. The application is filled in the unique form, distributed by the School of Magistrates.
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.
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 02.07.2010, of the Board of Directors, “On some amendments and changes in the Internal Rules of the School of Magistrates”.,
For the evaluation of the results achieved for each candidate in the competition, based on Article 17 of the law for the School of Magistrates, a commission composed of well-known and experienced lawyers from justice system, as well as professors from the School of Magistrates.
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.
The members of the commission should sign a declaration beforehand, for their impartiality during the exercise of this function. (Annex 3)
Article 8
Statement of Competitors
“Changed by the Decision no. 35, date 25.05.2012, of the Board of Directors, “On some amendments and changes in the Internal Rules of the School of Magistrates”.,
Before starting the competition, each one should be familiar with the rules of the competition and signs the statement, attached, for the recognition and strict respect of the competition. (Annex 4 – Statement of competitors).
Article 9
Written Exam
“Changed by the Decision no. 35, date 25.05.2012, of the Board of Directors, “On some amendments and changes in the Internal Rules of the School of Magistrates”.,
The exam will be performed in written form, in two phases, within two days.
- The first will be the selection phase.
- Model of question paper in the first phase should be organized in form of questions, where answers are so schematic without questions according the scan-tron (model answers sheet attached).
- The questions during the first phase will test knowledge of general and professional character.
- The exam will be held and evaluated electronically, in the same room, in the presence of participants.
-The candidates who have collected 60% of the points will pass on the second phase.
The second phase- Professional test, which contains the theoretical part of the fields of law, provided in the test program and practical part with two judicial practices. The test questions are the same for all the competitors by a lot thrown out, by one or more competitive for each set of questions, grouped in sections.
Article 10
Changed by the Decision no. 35, date 02.05.2020, of the Board of Directors, “On some changes in the Internal Rules of the School of Magistrates”.,
The first phase: The maximum evaluation of the question ticket is 100 points.
The test would have maximally 100 questions/100 points/1 point each, except the Albanian language which will have 20 questions/ 1 point each.( attached the ticket model).
The ticket of the first phase will be composed of: 1) The test of intelligence, (logical, geography etc), 2) International Relations-EU-History-Comparative law, 3) Albanian Language, 4) Psychology-Communication, 5) Ethic and Civic behavior, 6) Constitutional-Human Rights-Administrative, &) Family- Labor Law-Commercial, 8)Civil- Civil Procedure, 9)Criminal- Criminal Procedure.
The second phase: The professional test is evaluated maximally with 350 points. 250 points go to the theoretical part which is divided : 50 points for the theoretical part of Civil law, Criminal Law, Civil and Criminal Procedure, and 50 points go to the theoretical part of other branches of the law as: The Constitutional law, Administrative Law, Family Law, Labor law,. The part of practical cases is evaluated with 100 points, 50 points each one.
Article 11
Announcement of the results and winners
Changed by the Decision no. 11, date 02.07.2010, 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
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 in practical cases.. 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.
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.