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Report on the final evaluation of candidates who have applied for admission in the Initial Formation for the Academic Year 2020 – 2021

  • Report on the final evaluation of candidates who have applied for admission in the Initial Formation for the Academic Year 2020 – 2021
After the statement of the verdict no. 31, date 23.1.2020, on the number of candidates that will be accepted in the Program of Initial Formation at the School of Magistrates for the academic year 2020 – 2021, of the High Judicial Council and of the verdict no.1, date 15.01.2020, on the establishment of the number of candidates for prosecutor at the School of Magistrates for the academic year 2020 – 2021, of the High Prosecutorial Council on vacancies for candidates for magistrate for the academic year 2020 – 2021, on 28.01.2020 is assembled the Steering Council of the School of Magistrates.
 
In this meeting was decided to be done the publishing of the call for candidacies for admission in the Initial Formation.
 
The Steering Council also decided on:
 
- The period of registration for candidates in the Initial Formation;
- The creation of the Administering Test Commission composed of:
 
·         Mr. Sokol Sadushi, Director of the School of Magistrates;
·         Mr. Gianluigi Pratola, Representative of EURALIUS V Mission;
·         Mrs. Tereza Merkaj, Home lecturer of the School of Magistrates.
 
- The creation of the Supervisory Commission of the Electronic Evaluation of the first phase of the test composed of:
 
·         Mr. Gjergji Baçi, Member of the Steering Council;
·         Mrs. Irisi Asllanaj, Informatics specialist, School of Magistrates;
·         Mr. Jetnor Tafilaj, Informatics specialist, School of Magistrates.
 
On the basis of the Article 28, of the law no.96/2016, the School of Magistrates published immediately the call for candidacies in the Initial Formation, by publishing the notification on the official website of the High Judicial Council, of the High Prosecutorial Council, of the School of Magistrates and in two of the newspapers of the highest circulation.
 
By means of this notification, all the interested people were informed on:
 
·         The initiation of the application procedure;
·         The period in which the School of Magistrates accepts and collects the documents of interested people;
·         The dates of the admission test;
·         The criteria that might be met under the anticipations of the Article 28 of the law no.  96/2016 and of the Article 10 of the Internal Regulation of the School of Magistrates;
·         The documents that have to be submitted by the interested people.
 
Also, the School Director has issued the Internal Order no. 10, date 31.01.2020, on the development of the admission test for the academic year 2020 – 2021, on the taking of measures for the preparation and the development of the process of the admission test.
 
In this order was established:
 
-  The method of the development of the test by the School of Magistrates;
-  The creation and the composition of the Commission for the verification of documents for the registration process:
 
·         Mr. Vangjel Kosta, Home lecturer of the School of Magistrates;
·         Mrs. Laura Mehmetllari, Responsible of the Sector of Initial Formation, School of Magistrates;
·         Mrs. Erjola Mura, Scientific secretary of Initial Formation;
·         Mrs. Jonida Dragoti, Scientific secretary of Initial Formation;
·         Mrs. Irisi Asllanaj, Informatics specialist.
 
In the period 01 - 29 February 2020, the scientific secretary of the Initial Formation at the School of Magistrates has accepted the applications of people who were interested to take part in the admission test.
 
In the registration period, people who expressed the interest and completed the procedures of registration to take part in the test of April are in total 288 (two hundred and eighty eight), of which:
 
·         277 (two hundred and seventy seven) applicants for candidates for magistrate;
·         90 (ninety) applicants for candidates for legal advisor/assistant;
·         78 (seventy eight) applicants for candidates for advisors, for legal assistants and candidates for magistrates of the profile judge/prosecutor;
·         197 (one hundred ninety seven) applicants only for candidates for magistrate (for judges and prosecutors).
 
After the completion of the registration period, 90 (ninety) applicants for candidates legal advisor/assistant were sent for the verification of the legal criteria to the High Judicial Council, while for competitors who have applied for candidates for magistrate, Commission for the verification of documents initiated the work for the evaluation of the meeting of legal criteria, on the basis of corresponding documents.
 
This commission based on the Article 28, of law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, and on the Article 10 of the Internal Regulation of the School, has done the qualification and of applicants disqualification. So, for a person to participate in the admission test of the initial formation for candidates for magistrate has to meet the criteria established in the Article 28, of law no. 96/2016, and in the Article 10 of the Internal Regulation of the School of Magistrates, criteria that are cumulative with each other and that have to be met at the same time by the candidate so that to take part in this test.
 
One of these criteria is the professional experience of at least three years, on which the Internal Regulation of the School of Magistrates, in the Article 10 anticipates, “Each person might have 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, so that to take part in the admission test.”
 
By the way how is formed the legal provision, it is understood that:
Ø It starts with a ranking of macro criteria and continues with the specific criteria;
Ø Qualified the education that the applicant might have received; &
Ø Pursuant to continues with the professional experience.
Except of being cumulative criteria, they are criteria that have relations with each other.
 
It is logical that experience has to be related with the application of theoretical knowledge that is required for application. Under this law, the experience received in the listed institutions, if not based on the application of knowledge that is a continuation of university education required by this law, cannot be considered work experience for qualification effects.
 
The legislator has taken care to put the standard by electing qualitative and professional candidates. Exactly, this specification of this criterion in the School Regulation puts all applicants in equal positions to compete in the initial formation for candidate for magistrate.
 
The Regulation of the School of Magistrates is a sublegal normative act that makes the normative regulation of the relations that are created between the participating subjects in its activity. Although it anticipates rules of behavior on certain problems, related to the internal organization of the institution, being issued on the basis and for the application of law, it takes the form of a juridical act of full juridical power, only after being approved by the highest organ , as it is the Steering Council of the School of Magistrates.
 
On 11 March 2020, on the basis of the completed verifications, the Commission has evidenced the findings for every application presented and came in the conclusion that:
 
·         261 (two hundred and sixty one) of interested applicants meet the legal criteria for candidates for magistrate;
·         16 (sixteen) of interested applicants do not meet the legal criteria for candidates for magistrate, that are related mostly with the non-meeting of the criterion of minimal points, of the three-year professional experience after the receiving of the diploma, Master of Sciences.   
 
On 12 March 2020, the School of Magistrates has filed to the High Judicial Council the files for 260 (two hundred and sixty) applicants of the profile – judge –and to the High Prosecutorial Council the files for 247 (two hundred and forty seven) applicants of the profile – prosecutor –, along with the report on the results of their preliminary evaluation, the list and the files of applicants who have not met the legal criteria.
 
 
With Verdict no. 11, date 30.03.2020, on the management of the activity of the School of Magistrates at the duration of the state of natural disaster, of the Steering Council, was decided:
 
·         The annulment of the accomplishment of the admission test of the School of Magistrates in dates 20 and 22 April 2020 and the immediate notification of competitors;
·         The postponement of the date of the development of the admission test and the taking of measures for the development of this activity, in every case, no earlier than 30 days from the ending of the state of natural disaster, in the meaning of the Article 174 of the Constitution;
·         The taking of measures from School for the providing of spaces for the accomplishment of the admission test, as well as the pursuit of the process intending the providing of the necessary spaces at proper time;
·         The ascertainment of the resignation of Mr. Sokol Sadushaj, from the position of the Director of the School, on 12.03.2020, because of the receiving of another duty;
·         The nomination of Mr. Arben Rakipi in the duty of the commanding Director of the School of Magistrates up to the nomination of the new Director, as well as his appointment as the Head of the Administering Test Commission, in the status of the commanding Director of the School.
 
Pursuant to this Verdict, the School of Magistrates published the notification on its official website on the annulment of the admission test on the scheduled dates.
 
With Verdict no.11/1, date 22.05.2020, on some amendments in the verdict no. 11, date 30.3.2020, on the management of the activity of the School of Magistrates at the duration of the state of natural disaster, the Steering Council decided:
 
·         The creation of opportunities for the development of the admission test for the new academic year 2020-2021,on dates:
Ø 26 June 2020, (first phase); &  
Ø 29 June 2020, (second phase);
Ø The immediate notification of competitors on new dates;
·         The taking of organizational and administrative measures from the School of Magistrates for the development of these tests in the respect of the protocol of Anti-Covid measures recommended by the Institute of Public Health, related to the providing of proper spaces, with sufficient surfaces, cleaned and hygienised, of high security conditions, intending the guaranteeing of physical distancing and the minimizing of the risk of infection for candidates, competitors and the staff of the School of Magistrates.
 
In the application of this verdict, the School of Magistrates made the announcement on/in:
 
·         The official website of the School of Magistrates, of the High Judicial Council and of High Prosecutorial Council;
·         Two of the newspapers of the highest circulation.
 
In the application of the verdict no. 18/2020, on the giving of the consent for the prolongation of natural disaster, of the Albanian Assembly on the taking of measures for the prevention of the spread of COVID – 19, the School of Magistrates issued the Order no. 44, date 26.5.2020, on the approval of guidelines for the taking of measures for the prevention of the spread of COVID – 19 in the workplace and during teaching.
 
Also, the commanding Director of the School, as well as the Head of the Administering Test Commission issued the order no. 45, date 26.5.2020, on the development of the process of the admission test for the academic year 2020 – 2021, and the taking of measures and the further continuation of the process.
 
In the reference of the Article 30of the law no.96/2016, Councils have given their comments and suggestions on the list of candidates, sending them to the School of Magistrates.
 
In the comments of the High Prosecutorial Council and of the High Judicial Council, presented to School in the support of the Article 30 (4), of the law no. 96/ 2016, on the status of judges and prosecutor in the Republic of Albania, is considered as an overcoming of competencies from the regulation of the School the definition of the method of the measure of experience, in relation to the fact if this experience has to be calculated only for the period of the completion of Master studies or even before this period.
 
The School has encountered such a claim even in recruiting procedures of previous years. One of applicants, considering this point of the Regulation as an “overcoming” of legal criteria, has invested the First Instance Administrative Court of Tirana.
 
With the decision no. 1389 (80 – 2019 – 1438), date 23.04.2019, this Court has considered as not based the lawsuit considering the Regulation as a sublegal act issued from School within the competences delegated by the law and the concrete provision (Article 10) as an explanation of the meaning of the legal criterion of experience and not as an “added criterion.”
 
This judicial decision, although not in the in effect form, cannot be neglected from School in its activity of recruitment so that to provide parity in the treatment of all candidates.
 
Also, it is noticed from the report of the High Judicial Council, in point 6 that the candidate Uran Korra does not meet correctly the criterion of the three years of work experience. From re-verification resulted that the notice of the High Judicial Council report is correct and the candidate has to be excluded from the participation in the admission test. The corresponding Commission of the School of Magistrates takes the measures to make the proper notifications.
 
Based on pint 4 of the Article 30, of the law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, the School of Magistrates announces today on 17.6.2020, the report of the final evaluation, considering the comments and suggestions of Councils.
 
This report is published don its official website along with the list of candidates who meet the criteria anticipated in the Article 28 of this law and in point 4 of the Article 10 of the Internal Regulation of the School of Magistrates.
 
The list of candidates who meet the criteria anticipated in the Article 28 of the law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, as well as in point 4 of the Article 10 of the Internal Regulation of the School of Magistrates and who will take part in the admission test as follows:
 
THE LIST OF COMPETITORS WHO ARE QUALIFIED TO PARTICIPATE IN THE ADMISSION TEST FOR THE PROGRAM OF THE INITIAL FORMATION AT THE SCHOOL OF MAGISTRATES FOR THE ACADEMIC YEAR  2020 – 2021  



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