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Article 146
 

Judicial Electoral College


(point 3 amended by Law No. 74/2012, dated 19 July 2012; amended by Law No. 101/2020, dated 23 July 2020)


1. The Judicial Electoral College shall consist of eight judges selected by a drawing of lots conducted by the High Judicial Council, among the judges who have successfully passed the transitional re-evaluation of judges under Law no. 84/2016 by a final decision, from first-instance courts, appellate courts, first-instance administrative courts and the Administrative Court of Appeal in Tirana. The judges of the [Special] Court against Organized Crime and Corruption shall be excluded from the lot.


2. The drawing of lots for the selection of the judges of the Judicial Electoral College shall be conducted no later than 48 hours after the setting of the date for the closest elections, as per this law. The lot shall be drawn in the presence of the public, representatives of the CEC, political parties and nonprofitable organizations engaged in the areas of elections and justice.


3. The High Judicial Council shall, within 24 hours from the drawning of lots, approve by decision the election of the judges as members of the Judicial Electoral College. The members of the Judicial Electoral College shall be seconded to this position for a 4-year term. Renewal shall comply with the procedures and time-limits of this law on the selection, secondment, oath and establishment of the Judicial Electoral College.


4. No later than 3 days from secondment to this position, the judges of the Judicial Electoral College shall take an oath in a public ceremony, in the presence of the High Judicial Council. The oath shall have the following content: “I do solemnly swear that I shall respect, defend, and 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, political party, or electoral subject”.


5. The inaugural meeting of the College shall take place immediately after the oath and shall be convened by the Chair of the High Judicial Council.


6. If vacancies arise in the composition of the Judicial Electoral College, vacancies shall be filled according to the stipulations made in this law only among judges who have successfully passed the transitional re-evaluation under Law 84/2016 until the date the vacancy arised.


7. The Administrative Court of Appeal in Tirana shall make available to the Judicial Electoral College sufficient working premises, equipment and staff in order to ensure timely and professional discharge of its duties. The decisions of the College shall be published on the official website of the Administrative Court of Appeal.


8. Upon request of the Chairperson of the Administrative Court of Appeal in Tirana, the College shall be re-convened any time this court receives complaints against the CEC decisions, as provided for in Article 145 of this law.