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DECLARATION of the Directive Council of the School of Magistrates

The Directive Council of the School of Magistrates called today on 24.06.2016 in an extraordinary meeting desires to inform  public opinion, media, national and international institutions that is distanced from the procedure of the nomination from the Justice High Council on draw, of 9 magistrates (judge profile), who have completed studies in the period 2013-2015.
 
The non transparent procedure followed for this case by the Justice High Council, is in complete opposition with the Law no. 8136, date  31.07.1996 “On the School of Magistrates of the Republic of Albania” (changed). In the article 20 of this law is envisaged that: “The Directory of the school sends to the President of the Republic the data of the process of the evaluation to make their final nomination in vacancies, in accordance with the level of their evaluation from school, after the proposals done, correspondly, from Justice High Council for judges and from General Attorney for prosecutors”.
 
This evaluation of magistrates has two important components: 1) narrative evaluation, with five scales: excellent, very well, well, sufficient and insufficient and 2) evaluation with points, which gives the amount of points collected for each magistrate in each subject or element of the initial training in three years. For the ranking cannot be considered the first component and neglected the second component, because in this way the evaluation is incomplete and incorrect. There is no school without a process of evaluation, there is no school without grades, without points and without diploma. Otherwise, the school is transformed into a course, simply with certification of participation.
 
The argument used that magistrates have the same evaluation does not stand. In the list of magistrates sent from the School of Magistrates and analyzed from the Justice High Council, nine magistrates have different results in points. The difference between the first position and the last position is over 250 points.
 
The legal standard of this process intends that the nomination of judges and prosecutors may be achieved through a process of meritocracy where the ranking in the results of the three years is not a closed evaluation of the School of Magistrates, but of many actors of the justice system.
 
For the first time in the history of the creation and the function of the School of Magistrates, the procedure of nomination according to meritocracy, is not applied by the President of the Republic and by the Justice High Council, putting in this way in suspicion the integrity of the School itself. This decision-taking at the same time demotivates magistrates because it avoids the competition and reduces the quality of their preparation, by leaving the process in the destiny of a draw not envisaged by the law.
 
The School of Magistrates, all generations of magistrates in years, graduated magistrates  in the last  generation and the generations which will come get confronted with an illegal institutional behavior in the moment when is required the reformation of justice towards honesty, meritocracy and professionalism. Even this time public opinion is confronted with the violation and deformation of the legal state.
 
Also, the Directive Council evaluates in concern the recent actions of JHC, such as:
·         The procedure of the proposal on draw of the nominations of candidates for magistrate of the generation 2012-2015,
·         Delays of the nomination of magistrates, who wait for long to exercise the duty of judge although within the system there are vacancies created from different transfers done meanwhile,  
·         The non-opening of new vacancies for the new academic year 2016-2017, which goes in the opposite direction with the reform in justice and with the necessity of the system for judges prepared from School,
Put in suspicion the mission of the School of Magistrates, for the formation of judges and of prosecutors with integrity, high professional and ethical abilities and qualities, intending the increase of the quality of the giving of justice.
 
The Directive Council was gathered today in an extraordinary meeting to treat this matter with the hope that the Justice High Council, after the correct reaction of magistrates would find the courage to make self-correction and not to enforce an illegal and unfair sentence, and the President of the Republic not to decree nominations done by draw.
 
With this decree was decided not to be applied the law, to be threatened the interests of magistrates, to be violated the principle of meritocracy in nomination and to be battered the foundations of the system of justice and the role of the School of Magistrates in the preparation of qualitative magistrates.



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