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REPUBLIC OF ALBANIASCHOOL OF MAGISTRATES

Tel: 04 2468824; 04 2468826, Rr.”Elbasanit”, (Prane) Fakulteti i Gjeologji-Minierave, Tirane, E-mail: [email protected] ; 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

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mailto:[email protected]

INTERNAL REGULATIONS OF THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA

CHAPTER IGeneral Provisions

Article IObject 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 2The 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 3Legal 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 4Subjects

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

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Registration in the School of Magistrates

Article 5Registration 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”.

“Amended by Decision No.19, dated 21.06.2011 of the Steering Council “On some changes in the Internal Regulations of 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 to be registered in the School of Magistrates should have:

- Average grade over 8 (eight); - Diploma as a "Jurist" in one of the Faculties of Law, Public or non-Public, acreditet in

Albanian or abroad. Their graduation should be based on conclusion of a program according to the Bologna system of 5 years;

- Be graduated as a "Jurist" with a university diploma gained before adaption of studies according to the Bologna system in a 4 year program, which is equivalent with an Integrated Diploma of a Second Level, (DIND)”;

- In addition there could be registration for competition for students graduated as "Jurists" in the minimal program of 4 years, up to 2010, based on article 31 item 6 and 89 of Law no. 9741, dated 21.05.2007“On High Education in the Republic of Albania”.

- In the personal file for registration the students should submit certificates of foreign languages basen on the internacional tests recognized by the Ministry of Education and Science. Knowledge of english language should be at least in a basic leve, for IELTS 5.0 points, TOEFL 35-40 points, e so on for analogy with them, etc.

- The right to compete for the School of Magistrates is enjoyed by any students up to three times startin from the academic year 2011-2012.

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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 10.000 lekë.

ARTICLE 6Selection 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 7The 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.

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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 8Statement of Competitors


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 9Written Exam


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.

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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. Points of the General Test with the electronic evaluation should not be mixed with the points of the Professional Test in the entrance competition.

Article 11Announcement 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.

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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 profilesTo 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 12Registration 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 13Registration 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

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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.

Article 16

Obligations of candidates

Candidates have the duty to strictly implement all the obligations deriving from the Law of The School of Magistrates. In particular they are:

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1. To attend systematically the theoretical lessons of the program of initial formation. The unjustified absences in more than 10 % of the lesson program bring as the result the expulsion from the final examination of that subject.

2. To fulfill all the obligations coming during the implementation of the lesson plan, both in the common and individual process, as well as the qualification, including the in between and final exams. If the student gets the evaluation “sufficient” in more than three exams in professional and pre-professional probation too, he fails getting the diploma.3. To respect the rules of the professional ethics, the order in the interior environment of the school, to maintain and better manage the materials and the equipments which are available during the school attendance, to respect the ethic rules regarding the attire they would use in the school environments, and during the internship (annex 6, Terms of Clothing).4. To compensate the School of Magistrates in the amounts they profited during the school, in case of the abandonment or exclusion from this school, in accordance of the Article 18 of the “Law School for Magistrates of the Republic of Albania”. 5. The candidates have not the right to repeat the exam for the second time to improve the results. The candidates the first and the second academic year 2006-2007, are excluded from this rule. For this point they have to follow the former regulations.

Article 17

Disciplinary violation

The following are disciplinary violation for the candidates of magistrates:

A- Hiding or giving false declaration of personal information related to the fulfilling of the criteria for the participation in competition for the selection of the candidates for magistrate, and those who follow the program of initial formation.

B- Violation of rules of procedure during the competition for the selection of the candidates for magistrates as well as the rules of the evaluation in the theoretical course during the professional and pre- professional probation.

C- Abusive or improper usage of the student card for exercising the rights and obligation of candidates for magistrates in activities, the school premises and outside it.

D- Violation of the adopted rules on ethics and outer appearance for the candidates for magistrates,

E- Violation of the rules related with the activities of the judge, prosecutor or the officials of the bodies in justice system where the candidates take part in activities and perform the pre and professional internship.

F- Violation of rules of behavior in the school premises and during the school activities or outside.

G- Unjustified absences in the theoretical program of initial training performed during the pre and professional the internship.

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H- Failure to comply with other obligations related to the implementation of the program and curriculum.

I- Causing damage or abusive use for reasons not related to the qualification for magistrates or with the object and their corresponding destination, of the materials, school equipments and facilities, as well as those where the activities are developed, including here the initial formation..

J- Violations of law, acts and behavior of the candidates for magistrates out of school and in the institutions they do their pre and professional internship.

K- Doing actions and exercising the activities that are inappropriate to the figure of the candidate for the magistrates and the incompatible with the position of magistrate.

L- The Actions and exercising unfavorable activities to the figure of the candidates for magistrate and in compatibility with his position.

M- Violation of other obligations provided by law as well as acts approved by the Management Council of School.

2. Disciplinary measures, as a rule, are given in an escalating manner. Repeated disciplinary violations and those having really violated the figure of the candidate for magistrates or school activities, bring as the result a serious disciplinary violation.Disciplinary measures are decided in accordance with article 12 of the Law for the school of magistrates. 3. In case a candidate for magistrates is punished for committing a criminal offence, he is expelled from school.

Article 18

Participation in to the management activity of the school

The candidates participate in the school management activities of the school, through their direct involvement in the assembly meetings of candidates, and their representatives in the Management Council and the Disciplinary commission.The assembly of candidates is a general meeting of candidates, who attend the initial formation. It is called by the director of the school by his/her own initiative or by the proposal of one-third of candidates.The assembly of candidates appoints the representatives of the Management Council School, who are elected on mandate of 3 years, which ends when the student gets the diploma. The assembly appoints too the Disciplinary Commission with a mandate of 1 year, as well as the members of the Court o Honor. The assembly accepts recommendations for the school governing bodies regarding the program and the curriculum, rules and ethics and discipline, the facilities for secondary areas of interest for candidates, the library enrichment, etc. The assembly holds at least two meetings per year.

Article 19

Election of representatives to the Executive Council and the Disciplinary Commission.

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The candidate for the election to the Executive Council and Disciplinary Commission of the School is proposed by a group with no less than 5 candidates. The voting for the election of the representatives is secret. Only two of the candidates who have got the greatest number of votes are elected.

Article 20

Court of Honor

The Court of Honor is composed of three candidates The Assembly elects the candidates to the Court of Honor by means of secret ballot. The regulation of the Court of Honor is drafted and approved by the Assembly of the candidates, the regulation must be sanctioned in a special way, the right of the Court of Honor to investigate all the accusations for disobeying the rules of ethics from the magistrate, the right of the accused candidate to be defended by another colleague, as well as the right of the Court of honor to assign a representative of accusation from the ranks of the candidates.

CHAPTER IV

The pre and professional internship

Article 21The assignment of pre internship places.

After a successful graduation of the theoretic course of the first year, the candidates are appointed to do the pre internship in a court or prosecution office.The assignment of the candidates in pre internship places is rather done by the director of the school who also informs the candidates for the judge and their attorney being responsible for the internship.During the period of the pre-professional internship, the candidate must attend classes two days a week, the theoretical discussion sessions and mocking trials which are performed in school, and three days a week doing the practice in the court prosecution, or other institutions related as it is foreseen in the school curriculum.During the second year of school, the candidates prepare thesis, approved by the Director of the School. The opponent of the theme is assigned by the Directory of the School. The topic is prepared in 5 copies, 1-2 copies are left in the school library. The theme is defended at the end of the academic year before a jury which is assigned by the decision of the Director of the school. The maximum evaluation of the theme is 100 points.

Article 22

Leadership and control

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The leader of the internship directs the practical internship of candidate engaging him in consultations and active pursuit of the issues in the review proceedings. At the end of the internship, the leader prepares a detailed report on the activities that the candidate covers the level of the knowledge, the areas where the deepening of the professional qualification is require, as well as characteristic of his professional ethic.The directory of the school follows the practical activity, in continuity during the pre professional internship, through the internal professors. They organize the control of practice attendance, periodic meetings with the candidates to be familiar with the activities and the problems, by gathering their suggestions and leading them to the full use of the opportunities offered by the relevant prosecution or court to their complex formation.The Directory of the school, through the pedagogues responsible, attends the practical preparation of the candidates to the places of internship, their participation in the theoretic, mocking trials etc.The maximum evaluation is 100 points. It is done by the professors responsible after getting the evaluation of the judge or the prosecutor in charge and the commitment to theoretical lessons, the discussions and the mock trial are prepared by the Pedagogical Council.

Article 23

After the completion of the internship, the candidate is subject to pre-professional internship, which consists of active participation in the pursuit of less complicated issues, under the leadership of a judge or prosecutor. The assignment of the candidates for the professional internship is made in accordance with the provisions of Article 18 of the law for the School of Magistrates.To run and control the activities of the candidates, the rule set by the above article is applied.By the end of the professional internship, the evaluation of the acts of compiled decisions is done.Each candidate puts down the file with materials to the chief-secretary, within the set time limit, assigned by the Directory of the School. The separation of the files is done by drawing a lot and the evaluation is done by the commission of experts, appointed by the Directory of the School. The experts should be persons of having a good professional and moral reputation who should be collaborators with the School of Magistrates and have close cooperation with the School of Magistrates. The final evaluation of the third school year is done by the Pedagogical Council.

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CHAPTER VContinuous training

Article 24Continuous training program

1. The School of Magistrates makes the draft of the program project and the calendar of the continuous training for judges and prosecutors at the beginning of School.For drafting the thematic content of the continuous training program, the opinion of the Chairman of the Supreme Court and the Minister of Justice and the members of the Pedagogical Council of the school is got previously.To identify an appropriate theme, the leading staff of the school and the persons responsible for the continuous training (CT):

Implement of regional meetings with judges and prosecutors and their leaders

Prepare and sending questionnaires to attract the interest in practical matters.

Analyze the specific sections (suggestions for future activities) to questionnaires distributed during the training sessions.

Realize direct discussion during the training sessions. Take the opinion of other institutions interested in justice reform. Consult with international partners of the school; verify the government

priorities regarding the new legislation that effects the operation of justice in the context of approximation with EU legislation.The continuous program includes the sequential formation of the provisions of the law regarding the continuous formation , the training methodology and the calendar of the activities of CT, the model of registration form, the model of certificate, the content of the agreement of understanding with the expert trainers and facilitators; thematic content of the FV program whish is coded according the to the fields and description of each course, dates, type, the group of participants and financial support.

The thematic content, of CT, the list of the training experts, the list of the facilitators, the training methodology and the calendar of the activities of CT, are approved by the Leading Council.

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Article 25

Registration in the continuous training courses

The training program and the schedule of the continuous program is published and sent free to all judges and prosecutors of the first instance and the courts of appeal The chairmen of the district courts and prosecutions and appeals too, prepare the list of the participants for each training session, taking into account: the individual request of a judge and a prosecutor, the section where he operates and the necessities of the court or the prosecutor, the obligation and the legal right to be trained for no more than 20 days a year and no more than 60 days within 5 years, based on the article of the law “On the School of magistrate”. The list of the participants drawn from the chairmen of the district and appeal courts and prosecutors of the district and appeals, under the relevant courses, are proposed to the Director of the School.The staff responsible for CT prepares a fully list of the prosecutors and judges of the first instance and appeals to the whole Republic of Albania, separated from by courts and PCF, based on the proposals of the chairmen, on its logistical opportunities, as well as on a broader evaluation of the necessities for training.

Article 26

The Certification of the Continuous Training

The school keeps all the records of the all the information about the participants on each training session, the lists the invited persons in every session, and the list of those provided with certifications. In a special school record, are hold all the information from all the areas of training, the themes of the training sessions, and the training time for each participant.At the end of the training, judges and prosecutors who participate in the training sessions throughout it, are all provided with a certificate that is signed by the Head Along with attendance, every three months, the school reports to the High Council of Justice (item 11) and receiving or not the certificate of the participants, in order that the relevant institution make the personal file. The name of the magistrate, his (her) profession, and the duration of the activity, are written on the certificate.

Article 27Selection of the teachers and experts

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Modified by decision, nr. 26, date 15.07.2009, of the Management Board

The appointment of the pedagogues and experts of the School of Magistrates is based on the regulation on the criteria of selection of the pedagogues, approved by the decision of the Management Board of the School of Magistrates.(Annex 9)The selection criteria, the stage this process undergoes, and the ways of continuous and periodic evaluation of the teaching activities of the pedagogues, are determined according the above mentioned regulation.The selection of the pedagogues and experts is done by the proposal of the Director of the School and by the approval of the Management Board after the public proclamation of the vacancies and the needs of Initial Training or the continuous training of judges and prosecutors, at the beginning or during the academic year.

Article 27/1Trainers, experts, moderators and the Facilitators of the Continuous

Training“Added by the decision nr. 26, date 15.07.2009, of the Management

Board.

During the Continuous Program of the judges and prosecutors trainers, experts, moderators and facilitators will be activated.To determine the list of the trainers and experts, the school invites publicly to apply all judges and prosecutors, who think that they have personal expertise in the areas and topics of continuous program. The application is followed by the documentation provided in the Rules on criteria and procedures for the selection of the pedagogues in which specifically will be given a description of the problem issues or cause, they have chosen (mini module) and the literature that will be used.The list of experts (and the documentation submitted, after being approved by the Management Board) is notified to all applicant to begin the preparations.The school, in cooperation with the experts prepares agreements for the training sessions and the reciprocal rights and obligations.The School prepares sessions of training of trainers, at the beginning of the academic school year or during it, those mainly for the trainers of obligated pedagogical limited experience.Each group of the trainers or experts activated in a workshop should realize the moderation of the activity as well. In exceptional cases when the training activity is performed only by the foreign experts, a specific requirement is presented by experts or the donors of the activity, and then, the moderator of the event will be determined by the Director of the School of Magistrates from the inner ranks of the full time pedagogues.During the training sessions, in order to support the work of experts and moderators, aiming at extracting the literature or the selection of cases of judicial practice necessary for the training, the facilitators can be used.

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The school determines the list of the facilitators for each training session from the ranks of judges and prosecutors, standing out in the active participation and training sessions and study skills and high scores in school. The duties of the facilitators are defined in the agreement between them and the school.

CHAPTER VIGeneral direction

Article 28Management Council

The Management Council stands at the head of the School of Magistrates’. It leads collegially controls the entire academic, administrative and financial activity in order to fulfill the goal and tasks charged by the law of the School of Magistrates,The Management Council realizes its leading functions over the School, calling to account for specific problems of work, the Director of the School, or inspecting with member groups the accomplishment of the duties charged by him (her).The management Board has the duty to follow the implementation of the criteria for the admission of candidates attending the initial training program and announce the final list, sets the criteria and the rules of the selection of the teaching staff as well as their appointment and the their removal from the office, by the proposal of the Director of the School.It sets within the budget, organizational structure and criteria for the appointment of administrative personnel;, adopts and follows the implementation of the Internal Regulation of the School’s and the annual program and its activities; it determines, by the proposal of the Director, the curriculum regulates the relations between the subjects for the joint and particular of the candidates, according to their profiles as judges and prosecutors; it proposes the project- budget and inspects the reports of the Director for the implementation of the budget, the expenses and incomes; presents the annual reports before the High Council of Justice and General prosecution for the results achieved and the directions of the Work for the future.

Article 29The meeting of the Management Board

The meeting of the Management Board shall be called by the Chairman

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The management Board is summoned at least once in three months. No less than three members of the Council or the School Director have the right to call the Management Council and insert issues in its agenda. The Council is summoned no later than 15 days from the presentation of the written request.The Chairman, after the consultation with the vice Chairman and the Director of the School of Magistrates, sets the date, the time the place, including the daily agenda issues of usual meeting and takes measures to distribute the materials to the members. The materials or meeting reports are prepared according to the assignment done by the Chairman, the Director of the School or the group of members of the Management BoardIn cases of extraordinary meetings, the Chairman of the Management Board announces the members of at least 24 hours before.The Management Board decisions are open to the public.

Article 30

Management Board decisions.

After hearing the discussion of the reports presented by the Director of School, or the inspecting group, the Management Board takes decisions by majority vote.When votes are equal, the Chairman’s vote is decisive. The Decisions of the Board are with the signed and sealed by the Chairman and sealed by Board. A copy is sent immediately to the School Directory, the decisions are obligatory for implementation by the Directory, The pedagogical Council, or the Disciplinary Council of the School.The School Decisions along with other materials of the meeting are deposited at the Secretariat of the Chairman of the Board.

Article 31Disciplinary measures.

The Management Board acts as the disciplinary body taking relevant decisions in written form for the nominations that are under its competencies. The disciplinary measures are proposed by the Director of the school or mainly by the inspecting groups sent by the Board itself. When cases of violations of labor discipline are identified, by the Director himself, the Management Board decides to beginning of the disciplinary process against him and the materials are sent to the High Council of Justice, for taking disciplinary measures against him. The Management Board takes disciplinary measures against the nomination on its competencies, the violation of the work discipline, for judges and prosecutors provided in the law “On the organization of Justice in the Republic of Albania”. The

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cases provided in article 41 of the above mentioned law, are considered as violation of labor discipline.

CHAPTER VIIThe academic management and the disciplinary procedures

Article 32Pedagogical Council

The academic activity of the school is led by the Pedagogical Council, the composition of which is defined by article 9 of the law on School of Magistrates and the decision of management council, date 25.07.2005.The pedagogical Council consists of:

The Director of the school. Four internal school pedagogues. The officials of the main subjects: Civil law Criminal law Civil procedure Criminal procedure Family law Commercial law Constitutional law European. Community law Human rights Professional ethics Legal reasoning and writing Administrative law, labor law and one judge and one prosecutor, being the

representatives of the Management Board.

The Pedagogical Council takes part in the preparation of the initial training curriculum and the continuous training program; The Pedagogical Council reviews and approves the recommendations of Assembly of the candidates for special cycles in special areas of law, ethics sociology, and legal psychology. The pedagogical Council also processes the orientations for the practical activities of the candidates during the pre and professional internship. The Pedagogical Council makes the final evaluations of the initial training program, based on the results achieved during period of two years of the theoretical school academic year and during the pre professional internship and the end of the professional one. The Pedagogical Council follows in continuity the implementation of its decisions on school academic activities. It is called by the proposal of the Director of the School, who proposes the agenda for each meeting, or when it is requested by three of its members.

Article 33

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Academic staff

Full time pedagogues are appointed by the Management Board, by upon a proposal of the Director of the School under the criteria established by this Board.The selection criteria are according to the Annex No.9

Article 34Disciplinary committee

The disciplinary committee acts as a disciplinary body and as a complain body which examines, takes decisions in a written form, for disciplinary violations of candidates of the initial training. Its composition is defined in Article 11 of the Law School of Magistrates. For any issue taken in consideration by the disciplinary committee, the Chairman submits his committee members and the person against whom disciplinary measures are taken, the material, not later than 10 days before the Committee meeting. The representative for the prosecution in the disciplinary Committee is one of the members of the Court of Honor, assigned by lot. No disciplinary measure can be taken without hearing the person proceeded against.The candidate, for whom is taken a disciplinary measure, has the right to present his pretensions in written form in order to oppose the disciplinary measure or the type of the proposed disciplinary measure given by the Director of the School. He has the right to complaint against the Disciplinary committee, but those given by the later complain against the Appeal Court of Tirana, within 10 days from the date of communication. The complaint does not suspend the application of the disciplinary measure for the first and the second year students. A disciplinary measure can not be given after a year has passed since the violation.In each case, the candidate has the right to participate in the review of the matter together with his defending colleague, to present orally their claims and to seek that other people who provide information about the case, to be heard. The same procedure is applied when the disciplinary committee acts as an appeal body.The procedures and decisions taken for disciplinary proceedings of the candidates are reflected in their personal file.

CHAPTER VIIIAdministrate (the staff)

Article 35Structure

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“Changed by the Decision no. 11, date 02.07.2010, of the Board of Directors, “On some changes in the Internal Rules of the School of Magistrates”.

The administration is organized (run) on the function of the activity of the school, which exercises duties of a leading, assisting, executive and service character.The organizing structure of administration is comprised of:

The Department of the Initial Formation. The Department of the Continuous Formation The Department of Publications Chancellor The Directory of the Foreign Relations The Directory of Economic Issues Human Resources and Services The Directory of the professional formation and the organization

professional Library The Laboratory of IT. The personnel serving

Article 36Director

The director is the head of the School of Magistrates and the representative in front of public and private bodies. His competencies are defined by the law of the School of Magistrates.On the application of this law and regulations, he directs and leads the administrative, financial and academic activity, guaranteeing its administrative, financial and academic autonomy.He (she) reports before the management Council on the activity of the school and requires from the head of Council, to be called in every case, when the meeting of the council is necessary.- To execute his (her) competencies, the director enters into contract with juridical and physical persons in accordance with corresponding legal provisions as well as special contracts with the part time pedagogues for their engagement to the teaching program. - The director suggests, nominates or suspends from work the teaching personnel, as well as nominates or dismisses from duty the school administrative personnel.- The director prepares, suggests and recommends the project of internal regulations of school annual project program of its activity, as well as their amendments. -Executes the duties derived by the law, by the decisions taken by the management Council and other recommendations from the High Council of Justice. - Asks for funds from the government, donations, associates and individuals, administrates in an independent way the incomes according the main directions

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defined by the Management Council according the conditions defined by article 4 of the law “On the School of Magistrates”.-Takes measures for the publication of the literature and text books.-Leads the Pedagogical Body, coordinates the work with them, asks for and approves the teaching program for each subject, verifies their appliance good quality of teaching. The director proposes the candidates for pedagogues to the Board.

Article 37Chancellor


He (she) is in charge of serving and exercising the function as a chief of the personnel.; he(she) coordinates professional contributions of the directories, regarding the formulation in policy, in areas covered by the institution; ensures if in the formulation of the policy the proposals and are taken in consideration the respective contributions from other institutions and other sources; reassesses the management methods, the use of human and financial resources, during the implementation of the of the policy and decisions; ensures that activity of the institution and the proposed changes towards it, are in accordance with relevant legal requirements, stimulates the positive development within the management in the institution, overseas the process of preparing the financial budget and controls its implementation; he (she) presents in relevant institutions the periodic reports, financial statements and annual report for implementation of the budget; it provides to the institution the necessary system of information, in order to manage and to use the relevant information, promotes the effective communication and effective coordination in the institution and as well the positive changes in the method of management.

Article 38

Article 38 is repealed

Article 39

Directory of Foreign Relations

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The Directorate of Public Relations and running and taking measures for means of communication and public relations for clarification, simplification of operations and administrative documents of the institution, to receive , the correct information and review of the complaints and requests of the public; it is responsible for drafting all relevant documentation and communication with the device diplomatic in order to equip with visa the personnel assigned to serve abroad; it follows and takes measures for research, processing, storage, use and sharing of information within and outside the institution, and take measures to communicate and exchange information with the press bodies and mass media; cares for services organization home and abroad , in conformity with the communication rules with the side where service will be conducted; cares of taking into account the needs and proposals of institutional structures during the drafting process of the annual program;

Article 40

Economic Department, Human Resources and Service

“Changed by the Decision no. 11, date 02.07.2010, of the Board of Directors, “On some changes the Internal Rules of the School of Magistrates”.

It take measures to meet the needs of the institution regarding financial resources and their management, cares for the recognition of financial situation; to fulfill the procedures for meeting the budgetary requirements preparation of the institution; takes measures to meet the needs of the institution, on human resources for the selection and professional training of employees, manages the documentation; controls the respect of the law and internal rules of the institution and follows the procedures regarding the disciplinary measures against personnel; it is responsible for the preparation, programming , planning, ensuring and the implementation of the approved budget for the implementation of financial and investment funds in the areas of operation of the institution, the financial internal audition and informs the authorizing officer; it cares for the management, inventory and maintenance of movable assets and property of the institution, takes care of the needs and the proposals of the institutional structures in the draft budget; it follows the implementation of actions to maintain the account, the accounting books and cash, care; it takes care of the functioning of the means of communication for the distribution and movement the vehicle, it takes care of cleanliness and order in the work environment for their safety and

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security, as well as the performance of other services necessary for the operation of institutional structures.

Article 41

Library


It collect, review, plan, update and assesses the requirements and needs for material and legal texts, doctrine, jurisprudence; it provides, informs, clarifies the candidates for magistrates as well as academic staff to the field and material requirements in development and it is responsible for the compilation, expecting, the correct review and correct information on the proposals, complaints and requests; attending and taking measures for research, processing, storage, use and sharing of information both home and abroad,; it cares for providing services, according to the rules of communication; it drafts annual program of library activities, after being informed regarding the necessities and the proposals of readers.

Article 42

IT specialist


It provides, informs, clarifies the academic staff, the candidates for magistrates and administrative staff for more efficient operation of Internet and internal network of computers to install new programs and support requirements in development; it is responsible for the information and the correct review, of the requests; it collects, reviews, plans, updates and evaluates the requirements and needs for Hardware program, the program implementation; it cares for service, according to the rules of communication; it drafts annual program of the activities of the Office of Information and Communication Security, after being is informed about the needs and suggestions of the staff.

Article 43

The organizing and professional training department

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“Changed by the Decision no. 11, date 02.07.2010, of the Board of Directors, “On some changes and in the Internal Rules of the School of Magistrates”.

It monitors and follows the execution of duties in conformity with school regulations regarding the initial continuous training and publications.It cares for the recognition of acts and regulations of the institution and all acts relating to the initial training and publications, to meet the procedures being object of the field It controls the observance of law and internal rules of operation of the institution, and follows the procedures regarding the service delivery;It is responsible for the preparation, programming, planning, providing and implementing programs and methodologies established by the institution;It cares for thee equipment and of scientific secretary to have the necessary the logistics for the implementation of tasks and fulfill other duties necessary for the operation of other institutional structures in relation to professional training.It processes the data obtained from scientific secretaries and creates all the needed statistics for the institution.It designs, plans the annual program for professional vocational training in cooperation with the responsible persons of the department.

Article 44 is repealed

Article 45Personnel serving

Personnel serving

Personnel serving are drivers, cleaners and storekeeper. Their number is shown in the administrative structure of the school. This staff will also perform additional tasks depending on the needs and requirements of the school.

CHAPTER IX

Preservation and preparation of documentation

Article 46

Manner of preparation of documentation.

Documents from the School of Magistrates should have: The Emblem of the Republic, “Republic of Albania", “The School of Magistrates” and the information

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on location, phone, fax, e-mail, website, number of register of correspondence , place and date, cutting material, the address of the host, the formula "in response" or "following the letter (where applicable), number of links (if any), the text of the document, position, name and surname of the of protocol is of placed after the it is signed by the. The original document kept in the secretary is signed by the compiler and the person responsible of this sector. The number of the copies of the exemplars is also written in the original document. Internal documents, such as decisions, orders, instructions, materials meeting the institution, studies, plans and work programs, reports, relations, information, balances, etc, have all the elements of the documents that come up, except the host address and of the formula "in response" or "following the letter”.The internal documents, when delivered to another organ, are followed by an accompanying letter.

Article 47The preservation and the destruction of documents of the Secretariat

Archive

Under the authority of the director of the school, an expertise board is created, Specialists of great experience of the main sectors, as well as the archivist, take part in the this commission. There are no less than 5 specialists in the expertise board and he is chaired by the director or its deputy.The expertise board, based on the “Type list of the documents on the deadlines maintenance and the national historic important documents”, proclaimed by the Archives General Directory, makes a concrete list of their documents which have a national historical importance and other documents of a temporary maintenance. It also defines the deadlines of maintenance of the last ones.The secretary of the school archives organizes the work of the expertise value of the maintenance of the documents. Every year, the files which have filled the period of maintenance, are checked and are eliminated, after the decision of the corresponding sectors is taken. Before elimination, the list of files is compiled. (Annex 7. (The list of documents

Article 47 / 1

Annexes of Regulation

"Added to the decision nr.26, datë.15.07.2009 of the Steering Committee"

For specific aspects of the detailed arrangement of processes of initial and continuous training by the e decision of the Leading Council some new annexes of this regulation which will be a part of it, may be adopted . Annex No.8 The evaluation criteria of the candidates for magistrates in the Initial Training and the patterns of the minutes of the assessment tables; Annex Nr. 9

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Criteria for selection of teachers / lecturers and experts from the School of Magistrates and the accompanying documentation; Annex Nr. 10. The unified model of the plan and curriculum of each subject and the relevant matrix;

CHAPTER IX

FINAL PROVISIONS

Article 48

Entry into force

"Adopted by Decision No. 6, dt.19.06.2007. This regulation comes into force today, date. 19/06/2007

The regulation enters into power today on19.06.2007.

ANNEX 1

APLICATION

Participate in the competition for the admission in the School of Magistrates.

Name __________________________

Surname __________________________

Date of birth __________________________

Place of birth __________________________

Residence __________________________

Graduation ________________________

Place& Date of graduation _________________________

Experience ________________________

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Profile selected __________________________ Date of exam __________________________

NAME SURNAME

______________________________

______________________________________________________________________

(1) Please fill the form with capital letters.

ANNEX 2

THE EXAM ORGANIZATION PROCEDURE FOR THE SELECTION OF THE CNDIDATES FOR THE SCHOOL OF MAGISTRATES




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The admission exam in the School of magistrates will be organized in two phases:

I. The first phase of the admission exam.

The first phase will be a selective on. The mode selection system will be in written form and a public open procedure, associated with electronic evaluation of responses in the presence of candidates.

Application

The candidate should have the identification documents with him. The materials for the tests will be provided by the School of Magistrates. Scanning equipment and electronic evaluation will be provided by the

School of Magistrates. The test response papers will be fully sealed on the back T e identity is marked by the content of the response technique previously

explained by the staff making the electronic evaluation. The name is read publicly to the participants, before scanning the response sheet of each participant.

Duration of the test; 2 hours and 30 min. After the submission of papers, the sheet scanning and the electronic

evaluation (scan-tron), in the presence of the participants, will be made.

Rule II

During the exam, the room will be under the supervision of an independent group of individuals. The students should not speak or give assistance to each others during the exam, for no reason.

If such thing happens, then the test administrator immediately decides to expel the student from the examination room and declare the test invalid.

If a student gets help from another student, both are disqualified. Monitors are persons not involved in the Albanian judicial system and not by

profession a lawyer and professor of the School. They should be domestic and foreigners from the organizations the school had and is being in cooperative relations with them. If the monitors will notice any violation of the rules of the exam, they students leave the room immediately and notify the test administrator.

Rule III

The model of the ticket exam in the first phase will be organized in the form of questions with alternatives, where answers are so schematic without questions are given in a schematic manner, without words, according to the scan- tron technique application.

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• The exam will be held in the same room and will be evaluated electronically in the same room, in the presence of participants.• Selection of testing exam from the fund of all prepared questions will be prepared by the candidates themselves, before the selection test and it is photocopied in their presence..•The fund of the questions will be prepared by the School with the help of international institutions and will consist of at least 2000 questions in total for all areas of testing.• The exam paper will be the same for all participants.• The exam paper will be estimated maximally 100 questions/100 points• The exam paper will be structured into nine sections with 10 questions / 1 point each, except the Albanian language, which will have 20 questions / 1 point each.• exam papers of the first phase will consist of: 1) Intelligence Test (logic, geography, etc.), 2) International Relations - EU - Dr. Comparative History, 3) Language Albanian, 4) Psychology - Communication, 5) Ethics and conduct civic, 6)-Constitutional Human Rights - Administrative, 7) Family –Labor Law - Commercial, 8) Civil - Civil Procedure 9) Criminal - Criminal Procedure.•The questions during the first phase questions will test knowledge of general and professional character • In the second phase will pass those candidates who have collected no less than 60% of the points.

II. The second stage of the admission test

Rule I In this stage only the winning candidates participating in the first phase would take part. The correction way of the test will be anonymous.

The candidate must have the identification document with them. Materials for the development of the competition will be provided by the school.

Application:

• The exam answer sheets will all be sealed. A small envelope will be distributed to all the candidates. It is a paper in which is written the name of the candidate.. The small envelope must not be closed until the delivery of the exam. The small envelope will be not closed until the moment it will be handed in. It will be closed in the presence of the exam administrator by verifying once more the identity of the competitor and it will be sealed by the person responsible, appointed by the exam administrator.• The large envelope will be closed by the candidate and it should have inside 3 General Test papers and 7 Professional test papers. The envelope will be sealed by the person responsible.. The contents of each envelope are under the responsibility of the candidate appointed.

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• The test papers missing in the envelope will be evaluated by the Commission with 0 points. The member of the Commission who the first finds the lack of the exam paper in inside the envelope, makes it public by holding a special minutes of the shortage, which is signed by all committee members.• After examination the small envelope along with the large envelope, will be delivered in a set place.• Name will not be written in any of the examination papers.• Do not write on the stamp.• 2 stamps are put on each envelope. Area occupied by the seals should be half on the bottom of the cover of the envelope and half on the bottom of the envelope, after the cover of the envelope.• Do not leave blank spaces between the lines and do not use other tools (sheet, pens), in addition to those provided by the school. Competitors are not allowed to have his face covered, hold scarves or hats, sunglasses, during the exam. The use and maintenance of mobile phones and other devices is prohibited.• Duration of exam: 4 hours• After the test ends, the selection of the envelopes will be in the presence of candidates, then becomes their secretion.• After submission of examination papers, the Department of the School will decide the number on the little envelope, as well as in the large envelope of each candidate. Only large envelope with the corresponding number, which contains the examination papers. will be made available to Examination Committee.• Correction of the written exam will be done in a closed room (formal environment) within the premises of the School. Also, any member of the committee will be allowed to take her exam papers.• For each application the candidate must request permission from the administrator of the competition.Rule II During the exam, the room will be under the supervision of an independent group of individuals.The students should not speak or give assistance to the man - or another other during the exam, for no reason.Application:If such a thing happens, then the test administrator (Directorate) immediately decides to expel the student from the examination room and declare the test invalid.If a student gets help from one of the two parties would therefore fail to qualify under

Monitors are persons who are neither in the Albanian judicial system nor not by profession a lawyer and professor of the School. They will be domestic and foreign representatives from organizations which had Magistrates School and cooperative relations. If the monitor will notice any violation of the rules of the exam, they will require students to leave the room immediately and notify the test administrator.

Rule III

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During the exam, the students are not allowed to write or leave the name or even a small sign in the exam papers.(phrases or other expressions that makes that makes the easily to be identified:

• Writing all test all or a portion capitalized• Emphasizing of words or phrases• The use of names of persons participating• Use of the names of the authors of texts• Use the identification data associated with the candidate work, family, school, etc. that has followed.• The introduction of materials other than the exam papers with answers• Repeated use of the same expression that creates an identification• Any sign that brings material or intellectual response identifying competitorfrom other competitors.

In case of a correction, word or phrase will be inserted in brackets shall pass above a line under this model: (error).

Application: If the signs are different exam papers, they will be declared invalid and the applicant ineligible to compete.

Rule IV

At the end of the exam, all papers will be placed in a sealed box. Also small envelopes will be enclosed in a sealed box. The sealed boxes will be stored at the offices of our international partners.

Application

The box with the exam papers will be opened only in the days of correction in the presence of the examination commission. Also, the large envelopes with the corresponding numbers will be opened in the presence of the examination commission. After the announcement of the results, based on the secret number, the opening of the small envelopes with the names of will be done on: date-----------------time-------------, in the presence of the competitors in the premises of the school.If the candidate after receiving the results has his objections, about the results, he or (she) has the right to verify his answers. When the candidate finds any mathematical inaccuracies or anything of a procedural character, verify it by (herself). When he notices any mathematician inexactness of procedural character, he submits a written complaint within three days of the declaration of the results. No direct confrontation session is allowed with the commission.

Rule V

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The second stage of written examination, the professional test, will be conducted on a day to two (both judges and prosecutors), which contains the theoretical part of the areas of law laid down in the admission test program and practical part of the two cases judicial Practice

APPLICATION

The exam paper is evaluated maximally with 350 points.The theoretical part is evaluated with 350 points which divided; 50 points for the theoretical part of the civil law, criminal law, civil procedure and criminal procedure and 50 points to the theoretical part of the other branches of the law, such as constitutional law, administrative law.Part of practical cases evaluated with 100 points, 50 points for each practical case.Points of the General Test with the electronic evaluation should not be mixed with the points of the Professional Test in the entrance competition.

Rule VI

Repealed

The response of each exam test must be given in a written form by the relevant member of the Commission, signed by him and delivered to the test administrator. Make public on the website a description of the summary of the exam paper, to exclude the possibility of not using its elements of the exams years later.

The Commission continues correction when the panel is complete without interruption. If the number of members in the hall of the correction is less than three members, the correction does not continue until the full number.

At the conclusion of each member identifies a correct answer twice the number of vacant places for competitors who have achieved the highest results in the (her) part. After that, the answer will be corrected by the method of crossed evaluation. at least by another member of the committee. This is done to avoid possible errors in evaluation and meetings points.

Application:

Each envelope will have to answer or 7 (seven) parts that will be corrected respectively by the members of the committee appointed by the School Board.

If the committee member who opens the first envelope with answers finds that the envelope is deficient in the number of theses answers, he makes it public

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immediately to the administrators of Commission exam, because at the end of the exam will be kept the minutes of the response which are absent physically.The envelope with answers is closed by them, so the competitor is responsible for the fault..Committee members identify points on each answer paper, notes or mistakes of the candidates, so that each to read the evaluated answers, to be clear of the reasons they have got the results..Any member of the commission, as soon as he opens the envelope, in case he finds, obvious signs or additional materials, that according to the Rule III, which identify the competitor, they instantly notify other members of the committee holding minutes for the disqualification of a competitor and sheets with appropriate responses are not corrected. The result of this competitor entered in the final zero point.

If the committee finds a member of identifying marks after the correction process has started, it immediately informs the other members of the committee and requires termination of correction. If the Commission determines that all responses are identified with those of other competitors, the competitor disqualified by keeping a minutes of his disqualification and his scores obtained up to that moment removed / deleted from the answer sheets. The result of this competitor is marked zero point.In any case the minute of disqualifying describes the found identified mark, as well as the opinion of the commission members.

Note: This regulation is approved by the School Board and any violation of it by the candidates participating in the examination and the staff involved in this process brings consequences for both parties.

We wish you success!

MODEL OF THE QUALIFYING PAPERTotal points 100.(one question = One point)

Section I (10 questions)Test of intelligence (logic, geography, etc.)

Section II (10 questions)EU-legislation (3 questions)-International Relations (3pyetje)

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-The Comparative law (2 questions)-History (2 questions)

Section III (20 questions)

Albanian-language (general knowledge in morphology, syntax, etc.)

Section IV (10 questions)

Psychology, Communication

Section V (10 questions)

-Ethics of civic behavior

Section VI (10 questions)

-. Constitutional Law and Human Rights (5 questions)- Administrative law (5 questions)

Section VII (10 questions)

- Family law (4 questions)- Commercial Law (4 questions)- Labor Law (2 questions)

Section VIII (10 questions)

- Civil Law (5 questions)- Civil Procedure (5 questions)

Section IX (10 questions)- Criminal law (5 questions)-Criminal Procedure (5 questions)

Model of the questions (scan-tron)

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Annex 3


_________________________________________________________________________-

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Tel: (04)2363914/2364943, fax (040 342328, Rr. “Elbasanit”, (PraneFakulteti Gjellogj Minierave, TiraneE-mail: [email protected]; www.magjistratura.edu.al

Tirana on_____________

MEMBERS OF THE EXAMINATI DECLARATION OF THE IMPARTIAL EVALUATION OF THE ADMISSION EXAMINATION JYRY .

I Mr/Mrs____________________ member of the jury of the competition of the ADMISSION of candidates for magistrates ( judges and prosecutors profiles)in the School of Magistrates, after becoming familiar with the list of the competitors and the decision of he Management board of the School of Magistrates,

I DECLARE THAT:

I have/do not have close, friendly or official relations with the candidate – competitors, and I have/have not had any pressure or other relations that throw doubt to my impartiality.

DECLARER

ANNEX 4


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Tel: (04)2363914/2364943, fax (040 342328, Rr. “Elbasanit”, (PraneFakulteti Gjellogj Minierave, TiraneE-mail: [email protected]; www.magjistratura.edu.al

DECLARATION FOR THE RECOGNITION OF THE ADMISSION RULES OF THE ADDMISSION EXAMINATION IN HE SCHOOL OF MAGISTRATES

FIRST PHASE

Day of_____________at__________September___________,a.m

1. Duration of test: 2 hours and 30 minutes2. Read each question carefully and Scan tron answer paper, fill the letter corresponding to the correct answer for each question. All questions and correct answers are based on literature of the admission program examination.3. Any communication with words, gestures and actions, and any attempt to see the participants’ paper nearby, as determined by national and international observers of this process, will be disqualified and excluded from the exam directly.

I declare that:Test option I have:----------------------_____

Check (_ "V" __).1. I recorded the identification number on answer paper and have filled the correct letters to I. D. NUMBER session (____)2. I have listed the name and surname in the answer paper and have fillet correct letters to LAST NAME FIRST NAME section (_______)3. I have filled the letter of the test version I have at TEST FORM session (_____)4. All letters are well filled and e and strongly blacken. (______)5. I checked the page twice to ensure that any questions, I have filled only one letter as the correct answer.6. I have read the rules of the examination, I fully understand them and I have neither given nor received help during the exam.

Full Name __________________(Capital letters)

FIRMA_____________________

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DECLARATION ON THE RECOGNITION OF ADMISSION RULES AND

ADMISSION TO THE EXAMINATION TEST IN THE SCHOOL OF MAGISTRATES

SECOND PHASE

Statement: "I certify that I have read the rules exam, fully understand them and I do not give or receive help during the exam.

1. Duration of exam: 4 hours the professional test.2. Enter the name in white paper inside a small envelope with legible handwriting (not in capital letters).3. Small envelope should not be closed by the candidate, to the delivery of the exam. The closure of the envelope will take place in the presence of Administrator exam again being verified the identity of competitors and it will be stamped by the responsible person designated by the Administrator exam.4. The large envelope will be closed by the candidate and it should have inside respectively: 7 exam questions from Professional test. The envelope will be sealed by the responsible person. The contents of each envelope are the responsibility of the candidate concerned. The missing test papers inside the envelope are evaluated by the Commission with 0 points.5. Write within the areas allowed. Exit from the format of the exam paper is considered a special sign and bring your disqualification.6. It is not allowed to mark or name or even a small sign on the exam paper which means expression or quotes that make the paper to be identified, e.g.• Writing by other means (sheets, pens) than those provided by the school, will be called special signs.• Writing test all or a portion of capital letters• Emphasize of words or phrases• The use of names of persons participating• Use of the names of the authors of texts• Use of the identification data associated with the candidate work, family, school, etc. that he has followed.

• The introduction of other materials other than the exam papers with answers• Repeated use of the same expression that creates an identification• Any material or intellectual sign that brings response identifying of competitorfrom other competitors.

7. In case of a correction, the word or phrase will be inserted in brackets, should pass above a line under this model: (error).8. Any communication with words, gestures and actions, and any attempt to see the participants paper near you, as determined by national and international observers of this process will be disqualified and excluded from the exam directly.

Full Name __________________

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(Capital letters)

SIGNATURE______________________

ANNEX 5


Adresa e shkolles

AGREEMENT

Today,on_____________,in the city of Tirana , the School of Magistrates, of the Republic of Albania, based on Law no..8136, date.31.07.1996 “On the School of Magistrates of the Republic of Albania”, amended by law 9414, date 20.05.2005, and the Internal regulation of the School, enters into agreement with the following parties:1. Candidate for judge/prosecutor, Mr.________________, the son of _______________, born in_________________and________________inhabitant of_______________,street_______________ap.

2. The School of Magistrates of the Republic of Albania, located in in Tirana, with address: Rr.E Elbasanit, near the Fakulteti of Gjeologji Miniera, represented by the Director of the School Ms. Marjana Semini..

Article 1The School of Magistrates undertakes to create all conditions for the training and the theoretical and practical preparation of candidates for judge/prosecutor, within the three year program, approved of the management council of the School

39

of Magistrates in accordance with the requirements, criteria and conditions regulated by law.

Article 2The candidate for judge/prosecutor undertakes to fulfill all the obligations specified in the law and internal regulations to ensure the progress in the three years of School of Magistrates, in order to realize the program in accordance with legal requirements.

Article 3To respect the rules of professional ethics, order and tranquility in the interior school environments, to maintain and administer the materials and equipment, which were made available during the school attendance, to respect the rules regarding the attire worn in the premises the school during the internship. (Annex 6, the ASM Regulation)

Article 4Candidate for judge / prosecutor is obliged to respond unreservedly final appointment made by the President, at the end of the third year of the School.Failure to fulfill this requirement imposes significant candidate for judge / prosecutor returned to school in favor of all bonuses received during the two years of schooling with her (for the first two years, the reward is equal to half the salary of a judge of first instance).

Article 5An order issued by the Directorate of School for payment of financial obligations specified in section 3 of this Act – Agreement, constitutes the executive title.

This contract is drawn up in three copies, of which a copy is given to each of the parties and the third copy is submitted to the Governing Council of the School.

DIRECTOR CANDIDATE FOR PROSECUTOR

Marjana SEMINI

ANNEX 6

RULES OF CLOTHING

The purpose of school is to determine a lesson program and consider it as an activity of great importance and to believe that this curriculum, to be appreciated by the students. So, a major decision must be shown to the clothing an

40

appearance of the candidates during the teaching process and other environments. Any form of dressing that draws the attention in an unnecessary manner, and causes an interruption in the teaching process, is unacceptable.When a candidate takes part in school activities his/her wearing should not interrupt his/her or others performance or to incur a threat to him/her or for the others.

Some of the rules of clothing and proper out appearance will be:

1. The covering of the body sufficiently or more specifically as follows:

A-shirts and blouses must be so high as to cover the greatest part of the chest.B-the sleeves of the shirts should not be free and open as to show the body or lining.C the clothes of the lower parts of the body should be in suitable level below the knees.D- Short pants are not allowed and if belt is used, it must be in an appropriate length.E-It is not allowed to show the body from the clothing when the student sits and stands up lifts up the arms or bows.G-mustache, sideburn, various types of chins are allowed if they are kept clean and well cut, no head scarf, no sun glasses are allowed during the teaching process..

Exceptions from these rules will be only in specific activities and with the permission of the school director.

2. Clothing should be appropriate for the season and not to endanger public health or safety. They must suitable for any special activity.

3. Clothing that carry a message showing vulgarity, sexuality, attraction or embarrassment, are not allowed.

ANNEX 7

THE MODEL LIST OF THE DOCUMENTS WITH PRESERVERANCE PERIODNr. Nomination Stored forever1. Plans and educational curriculums Stored forever

2. Documents for the registration to school The book of registrations and that of Stored forever

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evaluations books of diplomas, indexes, personal files of the students (generalities)

Annual registersStored 5 years

3 Documents for the registration of the competitors:

Documents for the registration of the competitors

Books for the registration of the winners of the competition.

Books for the registration of the of the failing candidates

5 years stored5-10 years stored5-10 years stored

4 Documents for the annual exam Annual exam papers Volumes of the work of the candidates

for magistrate of the 3-rd year (third)

Stored forever5 years stored

5 years stored5 Documents of professors:

CV of professors, their curriculums, lectures, the books of absentees of the professors

Stored forever

6 Documents for the senate activity, pedagogical councils, commissions and consultations methodical case, reports, protocols etc.

Stored forever

7 Documents for the equivalency of diplomas. Orders, regulations, guidelines, instructions, reports, summary, information.

Stored forever

8 Correspondence of :1.the school with other important institutions2.the school with district courts and prosecutions 3. Invitation to the participants in the continuous training.

Stored forever

9 Decisions of the Management Board and the Directory.

Stored forever

10 Different laws and project laws, from the high council of justice and Parliament

Stored forever with amendments

11 Questions and the exam tickets of training admission

Stored forever

12 Different questionnaires and tests for judges and prosecutors. Forms of continuous training.

5 years stored

13 Official gazette and various legal journals. 5-10 years stored

14 Training documentsFolders for seminars

Stored forever

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Lists of seminars Summary tables (requirements,

planning, and frequency).15 Documents for internal regulations type,

decisions, regulations, statistic data, etc. Projects, periodic data, included in summary, the simple correspondence.

Stored forever

Stored 5 years

16 Registration documents for historical and cultural heritage institutions. Law decisions, reports, plans, systems of and computerization, cartelization, statistic data etc.Simple correspondence, information included in the summary.

Stored forever

5-10 years stored

17 Documents for sponsorship. Laws, decisions, guidelines Ordinary correspondence

Stored forever5-10 years stored

18 Documents for the organizational structure, categorizing the wage fund. Decisions guidelines, reflections, list of wages, wage book, approved proposals etc.Unapproved proposals, simple correspondence, etc

Stored forever

5 -75 years stored

19 Documents for drafting the budget implementation. Consolidated budget, summarized documents, laws, decisions. Project budget, budget detail, the situation and the periodic evidence situation, included in the summary, simple correspondence.

Stored forever

5-10 years stored

20 Documents of current bank accounts Stored forever 21 Documents of treasury Stored forever 22 Documents of accountability, accounting

methodology, decisions, guidelines, studies, annual balance sheets, summary.Periodic and annual balances and evidences, including here the simple correspondence.

Stored forever

5-10 years stored

23 Documents to facilitate the working conditionsReports, plans, summary of evidence.

Stored forever

5-10 years stored

24 Staff personal filesEducational level, job position CV, etc.

Stored forever

25 Documents of social security. Laws, decrees, decisions, guidelines, studies, reports, records, summary reports.

Stored forever

5-10 years stored43

Evidence of periodic reports, including summary, the ordinary correspondence.

26 Documents for indicating public sector salary, real increase of the average monthly salary, the average monthly salary according to groups of professions.Law, decisions, statistical evidence. Evidences, information, included in the summary, the ordinary correspondence.

Stored forever

5-10 years stored

27 Documents, appointments, decorations, punishments etc.

Stored forever

Decisions, annual plans etc.Periodical evidence, request, complains, ordinary correspondence.

5-10 years stored

28 Documents for the physical inventory of main equipments and materials of daily use. Statistical evidence book summary, instructions and data in different reports. Periodic summary evidence, everyday documentation.

Stored forever

5-10 years stored

29 Documents for financial control-audit. Control acts. Act of control (for the most important problems, general problems, summary reports and ordinary correspondence.

Stored forever

5-10 years stored

30 Library catalogues movement, individual record notebooks of the library.Table of classification according to (K.U.D).The notebook for book authors.The Software for book library. Alphabetic, systematic, content book file.Library stamp.Periodical publications (magazines, newspapers, catalogues, legal magazines.. Scheme of the Book: Alphabetical, systematic, of subject. Sign of library.The sign of libraryPeriodical period (magazines, official booklets).Their catalogues.Special materials (early editions, valuable manuscript ions.Readers’ file (students, professors doing scientific works, staff of the institution.

Stored forever

5-10 years stored

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ANEX 8

THE ASSESSMENT OF THE CANDIDATES FOR MAGISTRATES IN THE INITIAL TRAINING

“Adopted by Decision No. 28, date 15.07.2009, of the Management Council.

“Changed by the Decision no. 13,, date 02.07.2010, of the Board of Directors, “On the evaluation of the candidates for magistrates of the second school year “

The evaluation of the candidates in the process of the initial training is a very important process, because the main principle of the preparation of the future judges and prosecutors is the principle of meritocracy. It means that the appointment of the judges and prosecutors graduated from the School of Magistrates depends on the points they get and the rank they will occupy in the final list at the end of the three year initial training process.The initial training program is for three years, where candidate swill be evaluated step by step and they will have their final results that will divided according to each academic the years.The scheme of the assessment for each year is approved by the decision of the Management Council and according to the following rules:

1. The evaluation of the candidates for the first year theoretical and practical and the second year theoretical courses developed this year will be done according to the schedule: Continuous assessment during the academic year, and the final exam.

2. Total points available for the evaluation of candidates for each subject at the end of the year/semester, will be 100 points, of which 30-40 points are for the evaluation of the continuous training, and 60-7- points are for the evaluation of final exam. The maximal and minimal limits of these estimates will be determined by case after case depending on its nature specifics. These limits will be defined for each program, before the beginning of the school year.

3. Methods and the evaluation scheme, the score for each part of the evaluation will be made known to the candidates for magistrate at the beginning of each course or subject, based on the assessment criteria/ minimum standards will be based on the objectives determined by the Directory and the Pedagogical Council.

4. The assessment by marks for the periodic should be based on the defined assessment plan that be presented to the magistrates, after making the final test.

5. During the process of the continuous and periodic assessment the following components will be analyzed:

Course paper work, essays, projects, in written form; Activity, oratory or the logic and reasoning in an interactive

discussion.

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Way of discussion and solution of cases of judicial practice. The way of organizing and realizing the mocking trials and other

activities similar with them.

Periodic written tests can be a) actual knowledge tests. b) Tests of the semester having a brief character. C) Synthetic tests to finalize the issues fore debate topics. d) Written work. Written tests will have a practical character.

6. The results obtained from the analysis of the above components will be analyzed by the pedagogues of each subject independently from each other and will be submitted to the examination committee, consisting of the head of the subject or other pedagogues approved by the school.

7. The data obtained from the above analyses will be written in record of evaluation that should include names, points, criteria, time, term and the evaluation criteria. The continuous assessment records for each pedagogue of the subject will be collected from the head of the subject and will be deposited in the School directory.

Grades/ the points for the written tests will be approved by the head of the subject.

The results written in the record of assessment, achieved by the candidates, are made public to the candidates before the last exam of the subject.

The model of the continuous examination is attached to the regulation and is an integral part of it.

8. The assessment and the final exam is done at the end of the academic year ore semester at the same time when the treatment of the relevant subject ends. The final exam of the subject is done in a written form. It is subject to the secretion process, in order to maintain objectivity. The envelopes with the names of the candidates shall be deposited in the Head, teaching secretary, whereas the envelopes with the exam papers are taken by the commission of the examination for correction. The examination commission is composed of two pedagogues, one of whom is the head of the subject, whereas the second one is determined by the director of the school. The correction of the exams must be done within one week from the day of its performance. The opening of the envelopes having the names of the candidates and the enouncement of the results is done in the presence of the candidates for magistrate. The report of the last exam is signed by the examination commission and the director of the school. The final results for each subject and the total points for each candidate are as the result of adding up the mathematical amounts of the assessment issued

46

by the continuing record of the assessment of the final minutes for each candidate.

9. During the second year, the candidates for magistrate should be for three days in a week in court./ prosecution/ or institutions, and two days in a week in the school of magistrates to discus practical cases, mocking trials, in order to be prepared to attend other courses. 9.1 During the second year some of the following components are evaluated in a continuous manner:

“The way of evaluation of the second school year will be with points depending on the specificity of the subject, by means of an exam or other forms of evaluations”.The results of the subject are attached to the subjects of the second group and to the final evaluation..

The way of achieving the mocking trials and the discussion of the cases during the interactive sessions

Preparation of or civil and criminal file of the candidates. The outcome of this assessment will be reflected in a minute about the

prosecution of practice prepared by the full time pedagogues who manage the practice. The evaluation is up to 100 points.

Preparation and the defense of theses are approved by the Directory of the School at the beginning of each school academic year. Such theses will be prepared under the leadership of the School of Magistrates; whish elects a leader having much experience of scientific practice. The defense of theses is performed before a jury composed, as a rule, of four full time pedagogues assigned by the by the decision of the Directory of the School of magistrate and an opponent. The maximal evaluation for each thesis is 100 points, according to a table attached to this regulation.

The evaluation of all the components done in the final minutes, assigned by the full time pedagogues , in charge of running the second year practice. The maximal evaluation average of the second year is 100 points and it is a mathematic average amount of the two results drawn from the record results of judicial practice and the minutes of the jury of theses.

The total evaluation of all the components of the second year, are made by the decision of the Pedagogical Council, at the end of the academic year.

10. During the third year, the candidates realize the active practice after getting the provisional appointment made by the High Council of Justice and the General prosecution. During this year they analyze and evaluate the files of in judicial practice prepared by them .The analysis of files is divided by lot among the members of the Pedagogical Council. Each file must be analyzed in parallel manner, at least by two members of the Pedagogical Council.The evaluation of this component is up to 100 points. During the Pedagogical Council meeting the presentation of the file is performed by the magistrate. A

47

model of evaluation table is attached to this Annex. Each member of the pedagogical member gives his open for each candidate and the total points accumulated are divided on the number of the members voting.11. The results of the three years together in a final table of the are approved by the decision of the pedagogical council, as an average of the total points accumulated by each candidate during the three years.. Such table is transmitted to the HCJ, and the GP, along with the evaluations for the candidates by the institutions where they have performed their practices as well as a characteristic prepared by the SM for their final appointment.


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MINUTES OF CONTINUOUS AND FINAL ANNUAL EVALUATION

Subject/Course:_______________Pedagogues/lector:_______________Academic year: ___________________

Nr. Name, surname

Course work/essay (10 points

Practical cases (10/20 points

Interactive discussions (10 points)

Final exam (60-7- points)

Total (100

points)

PEDAGOGUEThe pedagogue of the subject

REPUBLIC OF ALBANIA49

SCHOOL OF MAGISTRATES


Subject/Course:______________Pedagogues/lector________________Academic year:____________________

Nr. Name, surname

Title of the work

Legal writing

and reasoning (4 points)

Bibliography

(1 point)

Originality

(5 points)

Total (100

points)

1.2.3.4.5.6.7.8.9.1011.

The professor of the subject



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Subject/Course:________________Pedagogues/lector:_________________Academic year:____________________

Nr. Name, surname

Form of discussion(Debate/

practical case

Quantity Activating

(2/3 points)

Oratory(3/7

points)

Total (10/20points

)

The pedagogue of the subject



The first course, school year 200_-200_Pedagogues:_________________

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Subject:____________________

Nr. Name, surname

Date Attendance Secret number

Points Evaluation pedagogues

SCIENTIFIC SECRETARY OF THE INITIAL TRAINING PROGRAM DIRECTOR

REPUBLIC OF ALBANIA

SCHOOL OF MAGISTRATES

MINUTESKept on date _.07.200_, on the development of defense of theses, prepared by the candidates for magistrate, who have completed the second year of the school._( )candidates whose evaluation is as follows

52

Nr. Name, surname

date Points Evaluation

COMMISSIONHEAD MEMBERS

PRACTICAL EVALUATION

Nr. Name, surname Date Points Evaluation1.2.3.4.5.6.7.8.

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9.10.

Pedagogues of the pre-professional internship_________________________ _______________

DIRECTOR_________________

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Classification of candidates for magistrate, profile ( ), who have completed the second year of the School for Magistrates 200_-200_

Nr. Name, surname

Birth dateBirth place

Residence

Faculty Civil state

Theoretical evaluationI year

Evaluation of the II year

Evaluation of the III year

Final evaluation

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SUMMARY TABLE OF THE EVALUATION OF THESES FOR THE II YEAR OF SCHOOL OF MAGISTRATE

Nr. Theses

Selection of theses(5 points)

Volume of the first material(5 points).

Originality(30 points)

Reflection of practices( 25 points)

Literature and bibliography and reference.(10 points)

Juridical and scientific language(15 points))

Presentation and questions(10 points

Leading professor

Conclusions

1.2.3.4.5.6.7.8.9.

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SUMMARY TABLEOF THE FILE EVALUATION FOR THE II YEAR OF SCHOOL OF MAGISTRATE

Nr. Name, surname

Capability to use juridical knowledge in a correct manner(30 points)

Level and quality of legal writing and reasoning(25 points)

The efficiency during the work and, speed and quantity. (10 points)

The capability to create and present the file(20 points)

Training and professional activity(5 points)

Communication in accordance with the job place, the leading ability by the evaluation of the judges and prosecutors. (10 points)

Conclusions

1.2.3.4.5.6.7.8.

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ANEX 9

CRITERIA FOR THE SELECTION OF THE PEDAGOGUES /LECTORS OF THE SCHOOL OF MAGISTRATE

“Adopted by the decision no.27, date 15.07.2009 of the Management Committee of the School of Magistrate” Changed by the decision no.11, date 02.07.2010, of the Management Board, « On some amendments and changes in the internal regulations of the School of Magistrates “. Based on the article 6 of the Law nr.. 9414, date 20.05.2010, “ For the School of Magistrates of the Republic of Albania “ by the proposal of the Director of the School of magistrates management Council , on 15.07.2009.

DECIDED

1. The objectives of the School of magistrate for the pedagogues and lectors.

The School of Magistrate is intended to provide the highest level of theoretical and practical training creating and maintaining a selected team of teaching staff, fully able to reach targets for the initial training and continuous training on a focusing on a specific number of targets, to be specified in the Strategy of Recruitment and Training of Trainers for the period 2009-2014:

Assignment and strengthen the selection criteria of pedagogues/lectors /trainers of MS.

Implementing a transparent procedure for the selection of trainers Increasing the number of the full time trainers. Finding the best trainers from the judiciary and prosecution.

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Increasing the educational and teaching skills of the trainers through training of trainers on the on the material and procedural law and the training techniques.

The development of a network of trainers to cover all the subjects of training.

Finding the best specialists from other fields as a part of the group of the trainers.

The implementation flexible procedures for the selection of trainers, depending on the process of initial and continuous training.

Neither the concrete ways to recruit the trainers, nor the conditions for their selection are provided by law. Currently, the pedagogues /trainers are assigned based on the proposal s made by the Director of School and approved by the decision of the Management Council.

2. The current situation

The teaching and training staff of the School of Magistrate of the Republic of Albania is recruited from among the experts and specialists having experience in the fields: academic, judiciary, prosecutors, attorneys, and lawyers with a professional level and teaching skill , as well as prominent legal personality.2.1 Number of active pedagogues in the teaching process during the Initial training.

The program of initial training currently has: 3 full time pedagogues mainly in the most important fields of the material

and procedural, civil and criminal law.

36 part time pedagogues of important fields such as family law, legal writing and reasoning, labor law, commercial law, administrative law, constitutional law and others similar to them

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13 specialists of special and technical fields, such as the right of life and property insurance, legislation and procurement,; criminology, criminology and penology and others similar to them.

2.2 The experience of the full time and part time pedagogues of the initial training.

Continuous training has currently one full time pedagogue 44 and part time experts and trainers. It should be emphasized that due to the specific that the continuous training has, the names of the trainers /experts, are more numerous, counting nearly 33 seminars in a year and 60 training sessions the realized in a school within a year, and the fact that some workshops are realized in several sessions with different groups (according to the request) and there are two expert for each session .Several trainers from the initial and continuous training are the same, but the other part is not. The number of the trainers of the initial and continuous training and their names are approved by the management council at the beginning of each academic year by the Leading Council, along with the relevant theses. For these reasons the number of the trainers of the continuous training, is not the same every year, because it depends on the topic. For the year 2009-2009 the number of experts is 57 and the number of the foreign ones is 21.The procedure of the full time pedagogues and part time ones, passes on two stage : proposed by the Director of the School and approved by the Management Council.3. Legal base for the selection of trainers

As mentioned above. The criteria for the selection of both the full time and part time working pedagogues are not assigned by the law nr. 8136, date 31.07.1996, “For the School of Magistrates’ of the Republic of Albania”, changed by the Law Nr.9414, date 20.05.2005, but they are determined in the Decisions of the Management Council of the School of Magistrates.In the present strategy of the MS, the full time pedagogues are selected by the ranks of the best professionals having an experience of over than 20 years as judges, prosecutors, lawyers or other academic levels.

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4. Criteria for the selection /recruitment of pedagogues/trainers.

The selection of the pedagogues/ trainers will be based on:

The School of Magistrate have its regulation for the selection of the pedagogues/trainers, based on:a) Job experience as judges, prosecutors or in their legal profession. Job experience will be differential depending on the category of the lecturer and pedagogue or depending on the importance of the subject /course or the course or the load classes. For the trainers assessed as Lecturers, (Doctor, Associated Professor or professor), the minimum job experience must be over 15 years. For the pedagogues who will have a less teaching load, no more than 16 classes in the auditorium or in subjects/courses having a specific technical character, job experience must be no less than 7 years.b) Moral integrity and a good reputation in their job. Council of Europe and the European Commission recommended that an additional criterion that must be included in the procedure for selection, evaluation and termination of the employment of the trainers is the moral integrity of the trainer, which has to do with the continuous observance of the rules in his/her duty, as well as the specific criteria in their capacity as trainers of the school.c) Experience and pedagogical skills. The teaching experience is preferred to be proved by evidence and /or other recommendations which should be over 7 years, (specialization or training for trainers). These criteria can be evaluated case by case, after a demonstration of a seminar before the committee set up for this purpose.d) Professional experience specified in any subject for which they are going to be experts or they will teach..e) Scientific activity in a form of publicationf) Recognition of a foreign language of the European Union.g) Computer skillsEach pedagogue or trainer must:

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Have high communication skill Complete the duties within the deadlines set by the Management Council

and Pedagogical Council of the School Have the necessary skills to assess the needs of for professional training

of the judges and prosecutors. Have the necessary skills to make the assessments of the professional

training of the activities. To attend the activities for which he has to travel in and abroad.

5. Selection procedures of the pedagogue

Once the School Directory evaluates its needs for trainers/pedagogues the procedure for his/her selection starts. Each candidate for pedagogue in the School of magistrates must fill a procedure provided in the Rules of procedure of the Selection Criteria of professors. The procedure runs in three phases:Phase one: deposition of the necessary documents from the candidate for the applicant for pedagogue in the School of magistrates and their interview. The candidates who will enter the competition for the position in the initial, continuous training/ will be interviewed by the persons responsible of the Department for initial or continuous training:Phase two: setting up a commission for analyses and documentation of the candidates. The selection committee consists of : Pedagogues of : the manager of the initial training, manager of the continuous training, two members of the management Council, in the pedagogical Council of the School of Magistrates, and the Dean of the Faculty of Justice, Tirana University or a professor (Having a scientific degree), authorized by him.The commission after analyzing the files of the pedagogues, according to the circumstance, is asking the pedagogues, depending on their professional and pedagogical experience) to demonstrate a seminar / discussion , before a group of candidates for magistrate. Phase three: Drafting of a list of the candidates selected by the Commission based on the criteria and the scores for each criteria:

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Professional data and experience for the subject, Academic activity Published works Knowledge or fluency of on foreign language.This list of the appropriate classification is submitted to the Director of the School, propose to the management Council the suitable candidates.

Phase four:Activating the pedagogues in one year test period and his(her) evaluation , according to a system with some components having in consideration of the officials of the subjects, magistrates and the leaders of the School of Magistrates.At the beginning of each academic year, a contract release is done wit the part time pedagogues , having the right for renovation.

5.1 Requested documentation for application

The candidates applying for pedagogues in the School of Magistrates must submit to the School Department a file of:

CV and an application Draft of detailed curriculum for the subject/course A plan of an instructional lecture hour /workshop, interactive session on the

topic of a subject along with the appropriate educational resources and the bibliography.

Certificate, diploma or recommendation on professional skills. Certificate, diploma or recommendations for their teaching skills and

communication skills. Recommendations for moral integrity and good reputation 5 Copies of publications, scientifique articles, monographs, articles,

commentaries etc.

5.2 The obligations of the trainers and pedagogues.

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Each pedagogue / trainer in the School of Magistrates should undertake the fulfillment of following obligations:

Exercise their function objectively and impartially, in accordance with the law, strategies, plans and curriculums and the Regulation, without being influenced by pressure and influence of any kind.

Promotion of the supremacy of law, rule, state of law, protection of rights and freedom of citizens.

Orientation of teaching, going by the practical nature of the initial training. Respecting the Decision of the Scientific Council, Directory and the

Pedagogical Council. Assessment of magistrates objectively throughout the academic year. Consolidation of moral integrity of the trainers, who is about to respecting

the rules in their work and specific criteria concerning their capacity as trainers in the School of magistrates.

Consolidation of the uniform teaching methods and respecting the schedules, participation in Meetings of the Pedagogical Councils and other activities.

In the implementation of their educational activities the trainers should not influenced by any political doctrine. They can not use their pedagogical activities to express their political beliefs.

Trainers are under the obligation of exercising with competence and fairness their professional duties, respect the administrative responsibilities according to the law, strategies of the School of magistrates and the decisions of the management Council and the Directory.

Trainers will not spread or use the information they learn during the work as trainers for any purpose or other than that related to his training responsibilities.

5.3 Specific obligations of trainers and pedagogues of the continuous training

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Specific tasks of the training experts are as follows:

Experts in cooperation with each other and the assistance of the School of Magistrates will develop a training program which will be deposited near the school no latter then 45 days before training.

Experts will deposit near the School of magistrates the topic prepared in an electronic copy, a list of questions for the auditor, a list of synthetic bibliography (of that they have used as a support and that that suggested for the further study), a list of kazus and unifying decisions of the High Court and the decisions of important international courts /to the legal issue and that the judges and prosecutors should possess during the training.

The experts should be permanently present during all the training. Experts must notify the School of magistrates for any inability no later

than one month after training. In such a case the experts have to recommend the expert potential to replace taking in consideration the standards of the School of magistrates.

Two weeks before the training a group of experts and moderators, facilitators and the secretaries of the school, will be called in a meeting to cooperate and to discuss regarding the progress of training.

Experts should take notes on:

a) Suggestions and remarks to the audience on the current topic and perspective.b) Teaching methodology suggested by the audience and themselves.c) Suggestions for the modifications and changes to legislation emergency emerging from the sessions’ discussions and debates.d) Overall assessments process by the participants of the workshops (the trained judges and prosecutors) or the by the trainer responsible, the expert and the specialist of the pedagogical sciences must should produce a result in relation to standards required by the trainer.

65

e) Participation in seminars.f) The ability of participation to the seminars focused within their contest.

All of these and others related with the continuous training, the experts will present in a “record” at the School of magistrates, no more than two weeks after training.

The experts will accomplish this task according to standards, set by school.

Regarding the methodology of the training, the experts/ moderators of the continuous training must:

Develop an interactive training method where the audience will be treated as a partner.

Make an effort to maintain a balance between the theoretical and practical treatment of issues subject to discussion.

Ensure the constructive interference, scattered but not dominant leaving ample space to discussions of the participants.

The experts must have the ability to: To coordinate some of the teaching methods such as (oral presentations,

written presentations, group work, questions etc). To present the workshop materials without any supporting documentation. To prepare teaching resource materials necessary for the workshop,

supporting theoretical and practical aspects. To monitor in a proper level of interaction and the support of teaching

methods, purpose and topics of presentations. To stay within the time set for a presentation. To cooperate with other trainers who are involved in the same seminar or

theme. To draw conclusions and confirm the results at the end of the presentation.

6. Ways of evaluating the pedagogues /trainers

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The selection of the pedagogues is one of the elements of the success of the initial and continuous training in the School of Magistrates, but not the only one. In order to bring all the required expectations and requirements, this process of work of the pedagogues should be checked in continuity in order to analyze whether the selection has been successful or failed.

6.1 Details of the evaluation of the pedagogues’ work of the initial training.The process of evaluation of the pedagogues, lecturers and trainers is realized at the end of each academic year and performed in a parallel way by several component analyses:

a) Evaluation by the head of the subject. The head of the subject has the duty to follow the academic year in two or more sessions each leading pedagogue in order to see the methodology of teaching. This evaluation is made at the end of each academic year in a written report. The report and the evaluation for each pedagogue is handed in a written form by the Head of the subject, responsible for the initial training.

b) The evaluation of the candidates for magistrates, is made at the end of the first year or term when the subject ends and the final evaluation of the candidates for magistrates id done through written questionnaires which is prepared by the manager of the initial training and the Director of the School of magistrates. The information through the questionnaires is done at the end of the first academic year respecting the anonymity of candidates, in order to maintain the objectivity in the evaluation of the candidates in to other years. The completed questionnaires are collected by the teaching secretary of the School of Magistrates and handed to the manager of the initial training, who is processing their results.

c) The evaluation by the pedagogue responsible for the initial training; The manager responsible for the initial training prepares a

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report of the evaluations at the end of each academic year, in a written form. He summarizes the data from the evaluations made for each pedagogue which will be given by the manager of the subject and processes the results of the questionnaires completed by the candidates for magistrates of the initial training. The final report with copies of completed questionnaires and the report of manager of the subject are given to the Director of the School.

d) The evaluation by the Directory: The Directory of the School at the beginning of each academic year, prepares a report for the Management Council on the results on the evaluation of the pedagogues during the preceding academic year, together with the proposals for actions for the dismiss from job position of the pedagogues who do not meet the criteria, in order that the management Council to realize its decision making in the form of giving it.

6.2 Details on evaluation of the work of the pedagogues of the continuous training.

The process of evaluation of the pedagogues /lectors and trainers is realized at the end of the academic year or in the session of activities and it is carried out parallel by several analyses and components.;

a) Evaluation by participants in training is done at the end of the academic year of sessions or workshops, by written questionnaires prepared by the manager of the continuous training and the Director of the School of Magistrates. Obtaining information through questionnaires made at the end of the year/activities while respecting the anonymity of participants. Completed questionnaires are collected by the Scientific Secretary of the Initial Training Program, and delivered to the manager of the continuous training, who processes the results.

b) (Evaluation by the manager of the initial training. The manager of the initial training prepares a written form at the end of each academic year with the

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estimation of for the work of each expert, lecturer, pedagogues at seminars, regardless of the number of his participation as an expert. It includes data, from the assessments made for each expert and processes the results of the questionnaires completed by the participants on the quality of preparation of themes, presentations, methodologies, etc. The manager of the initial training submits the final report and the copies of completed questionnaires to the Director of the School.

c) Evaluation by the Directory. The Directory of the School prepares a report for the management Council each academic year on the results of the evaluation of the experts during the preceding academic year, together with its decision making in a form of final evaluation.

6.3 Possible causes of non acceptance of the pedagogues

Having an elite teaching staff that is able to reach the goals of the initial and continuous training, requires a systematic and periodic evaluation of the performance of trainers and the level of engagement in achieving the objectives that the School of Magistrates undertakes on various strategic documents. Thus it will be necessary to create a matrix for the evaluation of the reasons for the trainer that why the contract expires as a pedagogue and later on he to be included as standards in the Strategy of the Recruitment and the Training of Trainers. You will find bellow the description. Bellow you will find a description of the synthetic potential causes for the rejection of cooperation of the School of magistrates with the selected persons as pedagogues, depending on a specific component of the training for which he works.

1. Violation of the code of ethics - of the profession of the magistrate, or any other legal profession (consultant, lecturer), etc(

2. The repeated refusal of the participation in the commission of examinations and competitions organized by institute within the academic year.

3. Not fitting with the workshop methodology as it is approved by the or in the strategy for initial and continuous training, for example:

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a( not preparing or not granting the necessary course materials in the seminarb( not supporting the theoretical and practical aspectsc( not reaching the level of necessary interaction for teaching methodology and presentation topics.D ( lack of the ability to combine teaching methods (oral presentations, written presentation group work, questions etc.e (Lack of capability for presenting topics, seminar materials, without the supporting document.4. Violation of professional code of ethics - of the profession of the magistrate or other profession.5. Overall evaluation given by the workshop participants or trainer responsible or by the teaching specialist must give results in accordance with the standards required for a trainer.

6.3.1Specific causes for the initial training pedagogues.

A) The trainers holding the title 1. Not delivering the curriculum in the ways designated by the Scientific Council2. Not working in terms of uniform teaching methodology or practical materials in use.3. Not calling a minimum number of meetings of the Chair4. Non attendance of seminars given by their colleagues in their capacity as trainers responsible5. Not giving a written instruction materials 6. Not surveying of the marks given in the continuous evaluation or final evaluation of the trainers, in which they are trainers responsible.

B. The trainers for the initial training1. Inconsistent with the objectives and the curriculum activities2. Inconsistent with the plan of the seminar of the initial training or the seminars of joint activities.3. Not being attendant in the meetings of the School of Magistrate

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4. Not giving contribution in teaching materials5. Inconsistent with job structure, practical activities of the trainers6. Inconsistent .with the decisions of the management Council for the evaluation of the trainers7. Postpones more than 5 seminars during the academic year8. The refusal to attend different sessions for training the trainers, organized by the institute of new trainers and for the trainers who have not achieved made satisfactory evaluations

6.3.2Specific causes for the experts of continuous training

1. The repeated refusal of attendance of seminars according to their specialty within an academic year2. Inability to stay within the contest of the seminar3. Inability to stay within the time allocated for a presentation.4. Non cooperation with other trainers involved in each workshop5. Inability to draw to conclusions and confirm the results achieved at the end of a presentation6( Refusal to attend training sessions organized by institute for the new trainers and for trainers who had not satisfactory results in their evaluation.

Annex 10.

PREPARATION OF THE MODEL OF THE PROGRAM AND THE TRAINING CURRICULUM OF THE INITIAL TRAINING

Adopted by the Decision no.29, date 15.07.2009, of the Management council

Obligatory elements of the program and the curriculum of each subject.

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Project Plan and Project Curriculum of the School of Magistrates for each academic year * October, July, (will be submitted for approval by the Management Council till 30 of September. Two main documents to be prepared for each subject are>A (Curriculum andB (Teaching planA( For each subject in its curriculum must be given:

Goals and objectives of the subject. Specific objectives: General objectives of the modules (course, seminars); what the course/ workshops will provide; issues of much interest; knowledge an skill that the trainers that the trainees will gain at the end of the module ( identification of legal issues raised in a practical case in question, the solution to these issues based on the applicable ;aw; correct writing of documents etc..

Contents of topics with titles, chapters, subchapters; aspects of much interest etc., where the title of each topics for discussion will be recorded.

Loads of hours for each subject: the time set for topic/ issues to be discussed in the seminar/ course and the week/ the corresponding hour according to the schedules.

Teaching methodology for each subject, such as discussions, practical cases etc, .The number of the themes and obligatory tests should be given in a detailed manner , mocking trials, interactive discussion sessions, discussion of practical cases, , and any other information that is useful for the planning seminars.

The evaluation Scheme of Magistrates. The evaluation is of two types: Annual continuous evaluation, through paper work, and essays, interactive discussions, and case study analyses and judicial practice etc, the evaluation of the written examinations and the conclusion of the subject. In the final evaluation both the elements will be included. All these elements of assessment must be provided in a special regulation approved by the Management Council of the School of Magistrates.

Bibliography, laws, doctrines, judicial cases the relevant jurisprudence and the current issues to be studied.

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Group of pedagogues and the manager of subject.

B) Curriculum shall be prepared in a matrices or a table form, will be given the same program data , synthesized and briefly. The curriculum for each subject will be unified according to the model attached to the Regulation, which is its integral part.

The program and the curriculum of each subject will be discussed at the meeting of the department of the initial training before submitted to the secretariat of the School of Magistrates.

Once they take the final form, Curriculum Program and the Project plan will be forwarded by the Director of the school to the Management Council for approval by the decision of the Board.

1. Training resources

The pedagogues and the trainers responsible should seek the photocopying of the original materials needed for the workshops every month.

Course materials used in the seminars and courses will be submitted in advance before the staff of each seminar in teaching secretary using the subject and the name of pedagogue/trainer.

A comprehensive list of teaching resources for the school year, with the practical case studies etc, will be delivered in hardcopy to the Scientific Secretary for the Initial Training Program.

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Example

EMBLEMINSTITUTUTNATIONALMAGISTRATURE

Academic chairJudge:Livinia Valeria Lefterache Ph.D

CRIMINAL LAWCURRICULUM

2007-2008

Year Semester Hours for lecture Hours for debate1 I- II 64 96

i. GENERAL VIEW OF THE COURSE

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The course aims to provide a deep knowledge of theoretical and practical notions about the criminal justice system and their correct use.Lectures will provide a general framework of concepts, based on the theory and practice uniform defined by the High Court of Law Review, Constitutional Court and European court for Human Rights.An overview of the Criminal Code will be given through comparative examination of the newly introduced concepts not only in general term but also in the special part of the Code Solutions. Solution for specific issues in the court will also be part of the program.Debates in the seminars will be focused on: the solution of issues, criminal mocking trials, followed by debates with all the candidates for magistrates, drafting of the documents by candidates who will practice judicial review theoretically considering some controversial solutions that will be reviewed after debates and lectures.Comparative examination of the concepts just presented, not only in general part but also in special part of the Code, will be focused on criminal favorable provisions as well as decisions that need to return to specific issues in court.Candidates for magistrates should benefit practical and theoretical knowledge in order to practice their professions as judges and prosecutors by means of presentations (lectures that will determine the general framework of concepts (based on the theory and the uniform practice defined by the Court of Review and Supreme Court of Justice Review, Constitutional Court and the European Court of Human Rights.) but also through seminars , debates, in ( resolving issues , taking part in mocking trials followed by followed by debates with all the candidates, drawing documents for data issues and explore, analyzing theoretically, judicial practice of considering some of the controversial solutions , developing procedural documents, etc.) Training of European Future magistrates, will also mean their periodical evaluation (through the judgment of the issues on their part, writing the minutes, decisions and indictment), to test their capacity in proper interpretation and application of the law, their spirit of analyze and syntheses and finally, how they have adopted the technical and legal language and its proper use.

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General purposesAt the end of the academic year, candidates must identify the errors of the material law and solution in a criminal matter, to draft correctly the procedural documents in criminal cases, to know judicial practice of the Supreme Court of Justice Review, in the Court of Appeal, judicial practice of the European Court of Human rights, Judicial practice of European Union on the issues of criminal justice , to analyze correctly the facts in a practical issues and consequences of solutions , to analyze precisely the facts in practical matter and the consequences of the solutions; to analyze correctly the facts in a practical case and the consequences of the solution and the correct interpretation and to use the evidence.General evaluation

The candidates will be evaluated as follows:

Continuous evaluation of knowledge, focused at:- Verbal interaction in debates , in accordance with criteria given in the paper

of evaluation:- Obligatory (2 tests in a written form with the questions to be resolved;

periodic evaluation will consist of the following issues to b resolved, minutes, decisions and indictments. The interpretive capacity and the correct implementation of law, the spirit of analysis and synthesis will be tested and finally how the candidates are familiar with professional technical jargon, in order to interpret correctly etc.

Organized exam at the end of the academic year.

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The structure of debates

Nr. Week Theme Description Time Methods used

Lessom materials

1. 15-19 October 2007

Lecture:use of the criminal law in timeSeminar on using the criminal law in time

Introduction: the trainer and the audience – introduction in the subject

- General view on the amended provisions of criminal law and the analyze of the favorable law analysis.

- The criteria in the establishment of the favorable law.

- Conflict of law.

Lecture 2 hours.Seminar 3 hours.

Analyzing the practical issues, exercises on minutes composition

Pessino vs. France (ECHR)C- 387/02,C-391/02,C-403/02 Criminal proceedings against Berlusconi et al (ECJ)Case 1098510 (case concerning the rules for traffic on public roads)Case 882909 (employment of criminal law in time, robbery)Law #278/2006 to amend and supplement the Criminal Code, as well as to amend and supplement certain other laws.Case law textbook for judicial trainees, NIM 2006Ruling #VI of October 15, 2001 (RIL)Reference materials:1.V. Dongoroz, Dr. Penal (the 1939 version), Asociaţia Română de Ştiinţe Penale, Bucharest 2000, p. 96-116.2.V. Dongoroz, I. Fodor, Siegfried Kahane, I. Oancea, N. Iliescu, C-tin. Bulai, Rodica Stănoiu, Explicaţii teoretice ale

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-Conflict of accusation. amended law

Codului penal român, Partea Generală, vol. I, IInd Edition, Academy of Romania, and All Beck Publishers, Bucharest, 2003, p. 63. 3. T. Vasiliu, Gh. Dărângă, Doru Pavel, G. Antoniu, Ştefan Daneş, D. Lucriescu, V. Papadopol, V. Rămureanu, D. Popescu, Codul penal al R.S.R. Comentat şi Adnotat. Partea Generală, Bucharest Scientific and Encyclopaedic Publishers, 1972, p. 47-83.4. C-tin. Bula,Bogdan Bulai, Manual de drept penal, Partea generală, Bucharest, 2007, 5. C-tin. Mitrache, Cristian Mitrache, Drept Penal Român, Partea generală, Ediţie revăzută şi adăugită, Universul Juridic Publishers, Bucharest, 2007.6. Florin Streteanu. Dr. Penal. Partea generală, vol. I, Ed. Rosetti, 2003.7. Fl. Ivan, Aplicarea legii penale în timp, Ed. Lumina Lex, 2000.8. George Antoniu, Noul Cod Penal. Codul penal anterior. Studiu comparativ, All Beck Publishers, Bucharest 2004, p. 4-10.9. G. Antoniu, Aplicarea legii

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penale în timp şi spaţiu, Criminal Law Magazine nr. 4/2001.10. Ion Retca, Aplicarea în timp a legii de procedură penală, The Law Magazine nr. 5/1998, p. 61.11. F. Streteanu, Aplicarea în spaţiu şi timp a legii penale române în cazul concursului de infracţiuni, The Law Magazine nr. 2/2000, p. 93.Case law:1. Practica judiciară penală, vol. I, Partea generală, supervised by dr. George Antoniu şi dr. C-tin Bulai, Ed. Academiei R.S.R., p. 19-49.2. T. S. guiideline decision nr. 1/1987, C.D.3. CSJ, s.p., dec. nr.297/1992, The Law Magazine nr. 12/1992, p. 90.4. Buletinul Jurisprudenţei CSJ 1990-2003, All Beck Publishers, Bucharest 2004, deciziile secţiei penale nr. 2238/1993, 2427/1996, 572/1999, 2514/1999, 1099/1999, 2831/2001 şi 2069/2002 precum şi decizia completului de 7 judecători nr. 113/1992.5. Culegere de jurisprudenţă penală şi procesual penală a

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Tribunalului Bucuareşti -1998, Regia Autonomă Monitorul Oficial 1999, p. 9-16.6. Culegere de practică judiciară penală pe anul 1998 a Curţii de Apel Bucureşti, All Beck Publishers, 1999, p. 20-23, 98-100, 120-121, 142-145, 290.7.Culegere de practică judiciară în materie penală pe anul 1999 a Curţii de Apel Bucureşti, Ed. Rosetti, Bucharest 2000, p.24, 49-50, 59-60

2. 22-26 October 2007

Criteria in the identification of criminal law, the most favorable.

- The elements that make the article

Test 15 mi-The text is discussed for 15 min.-analyze of the cause, 2 hours and 30 min.

Test case analyses.

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15 of the Criminal law, anti constitutional

- Article 15 of the Criminal law –the most favorable law in the field of the main and supplementary fields.

- Incriminatio ex

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novo.

ExampleGoalsObjectives

Nr. Week ThesesDescription

Time (1 hour 60 min)

methodology Materials for reading

The continuous evaluation form

1. I,II These 1________1________2________3

Study caseSimulationGroup workDebateWork in project

Laws and judicial cases

ESSEFeed-backQuestionnairesMini test

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Leading Board

Directory

Chancellor (1)

Disciplinary Commission

Pedagogical Council

The Directory of Public and Foreign Relations. Dr. (1)

The Directory of Financial and Human Resources.

Dr. (1)

The sector of Economy, Human Resources and General Services. (1)

Specialist of Public and Foreign Relations.

Sp. (1)

Spec. IT (1) Bibliographer (1)

Specialist of Human Resources (1)

Specialist of Archive- Protocol /Dr. (1)

Dep. of Initial Training Pedagogue (2)

Dep. of Continuous Training

Pedagogue (2)

Department of Organization and Professional Training.

Dr. (1)

The sector of Initial and Scientific Formation (1)

Scientific sector of Continuous Training

(2)

Scientific Sector of Publication and Editor

(1)

Warehouseman/Receptionist (1)

Driver (1)Cleaning Worker (1)

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REPUBLIC OF ALBANIASCHOOL OF MAGISTRATESMANAGEMENT COUNCILDECISIONNo___________date 19.06.2007

On the approbation of the of the School of Magistrates Inner RegulationBased on the article 7, point 2, of the law 9414, date 20, 05, 2005, “On changes and supplements on the law no. 8136, date 31.07.1996 “For the School of Magistrates in the Republic of Albania”, The management Council of the school.

DECIDED:

-To approve The Inner Regulation of the School of Magistrates.The inner Regulation of the School of Magistrates, approved on the decision of the Leading Board, date 09, 19, 1997, is invalid.The decision comes into power immediately.

PRESIDENTTHIMIO KONDI

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