Composition of the Electoral College of the Court of Appeals in Tirana
1. The Electoral College of the Court of Appeals in Tirana shall consist of eight judges selected by a drawing of lots conducted by the High Council of Justice.
2. The names of all judges of all appellate courts of the Republic of Albania, with the exception of judges specified in article 148 of this Code, are to be included in the drawing of lots conducted by the High Council of Justice to select the eight judges who constitute the Electoral College of the Court of Appeals in Tirana.
3. The drawing of lots to select the eight judges of the Electoral College of the Court of Appeals in Tirana is to be conducted no later than five days after a decree setting the date of elections to the Assembly. The High Council of Justice publicly announces and publishes in at least the three newspapers with the highest circulation no later than 48 hours after the decree has been issued, the date, time, and location where the lots will be drawn, and send to the two parliamentary parties of the majority and the two parliamentary parties of opposition that hold respectively the highest numbers of seats in the Assembly, the list of judges to be included in the lottery. The drawing of lots is to be conducted in the presence of the public, representatives of political parties, coalitions and the media. The process is to be conducted by drawing the names of eight judges from a lottery box. Prior to the drawing, the persons who are present are to be given the opportunity to inspect the lottery box and the names of judges that are placed in it. After the inspection, eight names are to be drawn from the lottery box. Each of the representatives of two parliamentary parties of the majority and two parliamentary parties of the opposition holding respectively the highest numbers of seats in the Assembly has the right to reject one name among the eight names drawn from the lottery box. None of the other parties has the right to object. The procedure for the removal of names is secret. The request for removal contains only the name of the judge, without specifying the reasons for removal. Within an hour from the first drawing of lots, the High Council of Justice, after acknowledging the cases of removal, conducts a second drawing of names from the lottery box in order to replace the names removed by the political party representatives. The remaining eight names constitute the Electoral College of the Court of Appeals in Tirana and are seconded in office by the High Council of Justice immediately after the drawing of lots.
4. Within 24 hours of their selection by lot, the eight judges of the Electoral College of the Court of Appeals in Tirana take an oath in the presence of the High Council of Justice and administered by the President of the Republic in a public ceremony. The oath has the following content: “I do solemnly swear that I shall respect, I shall defend, and I shall obey the Constitution and laws of the Republic of Albania, that I shall respect the rights and freedoms of citizens, and I shall fulfil my duties. I swear that I shall discharge my duties to the best of my ability and in an impartial and just manner, and without favouring any person or party”.
5. The Court of Appeals of Tirana is to provide sufficient working space, supplies, and personnel to the Electoral College to enable it to perform its duties in a timely and professional manner.
