REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
Tel: 04 2468824; 04 2468826, Rr.”Elbasanit”, (Prane) Fakulteti i GjeologjiMinierave, Tirane, E-mail: info@magjistratura.edu.al; 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
1
INTERNAL REGULATIONS OF THE SCHOOL OF MAGISTRATES
OF THE REPUBLIC OF ALBANIA
CHAPTER I
General Provisions
Article I
Object 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 2
The 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 3
Legal 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 4
Subjects
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.
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CHAPTER II
Registration in the School of Magistrates
Article 5
Registration 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”
“Amended by Decision No.35, dated 25.05.2012 of the Steering Council “On
some changes in the Internal Regulations of the School of Magistrates”
“Amended by Decision No.4, dated 03.06.2013 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.
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-
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.
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 6
Selection 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 7
The 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 8
Statement of Competitors
“Changed by the Decision no. 35, date 25.05.2012, of the Board of Directors,
“On some amendments and changes in the Internal Rules of the School
of Magistrates”.,
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 9
Written Exam
“Changed by the Decision no. 35, date 25.05.2012, of the Board of Directors,
“On some amendments and changes in the Internal Rules of the School
of Magistrates”.,
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 11
Announcement 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 profiles
To 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 12
Registration 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 13
Registration 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 20062007, 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 21
The 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
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
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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 V
Continuous training
Article 24
Continuous 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 27
Selection of the teachers and experts
Modified by decision, nr. 26, date 15.07.2009, of the Management Board
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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 27/1
Trainers, 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.
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.
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CHAPTER VI
General direction
Article 28
Management 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 29
The meeting of the Management Board
The meeting of the Management Board shall be called by the Chairman
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.
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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 Board
In 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 31
Disciplinary 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
cases provided in article 41 of the above mentioned law, are considered as violation
of labor discipline.
CHAPTER VII
The academic management and the disciplinary procedures
Article 32
Pedagogical Council
17
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
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 34
18
Disciplinary 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 VIII
Administrate (the staff)
Article 35
Structure
“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
19






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 36
Director
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
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 37
Chancellor
“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”.
20
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
“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 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;
21
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 security, as well as the performance of other
services necessary for the operation of institutional structures.
Article 41
Library
“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”.
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
22
activities, after being informed regarding the
readers.
necessities and the proposals of
Article 42
IT specialist
“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”.
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
“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.
23
Article 44 is repealed
Article 45
Personnel 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 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 47
The 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.
24
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
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
25
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
________________________
Profile selected
__________________________
Date of exam
__________________________
NAME SURNAME
______________________________
______________________________________________________________________
(1) Please fill the form with capital letters.
26
ANNEX 2
THE EXAM ORGANIZATION PROCEDURE FOR THE SELECTION OF THE
CNDIDATES FOR THE SCHOOL OF MAGISTRATES
“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”.
“Changed by the Decision no. 19, date 02.06.2011, of the Board of Directors,
“On some changes in the Internal Rules of the School of Magistrates”.
“Changed by the Decision no. 35, date 25.05.2012, of the Board of Directors,
“On some changes in the Internal Rules of the School of Magistrates”.
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.
27
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.
• 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
28
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.
• 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.
29
• 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
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 competitor
from 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
30
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
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.
31
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
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
32
brings consequences for both parties.
We wish you success!
MODEL OF THE QUALIFYING PAPER
Total 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)
-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)
33
- 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)
34
Annex 3
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
_________________________________________________________________________-
35
Tel: (04)2363914/2364943, fax (040 342328, Rr. “Elbasanit”,
(PraneFakulteti Gjellogj Minierave, Tirane
E-mail: info@mahjistratura.edu.al; 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
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
36
Tel: (04)2363914/2364943, fax (040 342328, Rr. “Elbasanit”,
(PraneFakulteti Gjellogj Minierave, Tirane
E-mail: info@mahjistratura.edu.al; 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 minutes
2. 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_____________________
37
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 competitor
from 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.
38
Full Name __________________
(Capital letters)
SIGNATURE______________________
ANNEX 5
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
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..
39
Article 1
The 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 of
Magistrates in accordance with the requirements, criteria and conditions regulated
by law.
Article 2
The 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 3
To 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 4
Candidate 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 5
An 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
40
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 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
PERIOD
Nr. Nomination
Stored forever
41
1.
Plans and educational curriculums
2.
Documents for the registration to school
 The book of registrations and that of
evaluations books of diplomas, indexes,
personal
files
of
the
students
(generalities)
 Annual registers
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
Documents for the annual exam
 Annual exam papers
 Volumes of the work of the candidates
for magistrate of the 3-rd year (third)
3
4
5
6
7
8
9
10
11
12
13
Documents of professors:
 CV of professors, their curriculums,
lectures, the books of absentees of the
professors
Documents for the senate activity, pedagogical
councils, commissions and consultations
methodical case, reports, protocols etc.
Documents for the equivalency of diplomas.
Orders, regulations, guidelines, instructions,
reports, summary, information.
Correspondence of :
1.the school with other important institutions
2.the school with district courts and
prosecutions
3. Invitation to the participants in the
continuous training.
Decisions of the Management Board and the
Directory.
Different laws and project laws, from the
high council of justice and Parliament
Questions and the exam tickets of training
admission
Different questionnaires and tests for judges
and prosecutors. Forms of continuous
training.
Official gazette and various legal journals.
Stored forever
Stored forever
Stored 5 years
5 years stored
5-10 years stored
5-10 years stored
Stored forever
5 years stored
5 years stored
Stored forever
Stored forever
Stored forever
Stored forever
Stored forever
Stored forever with
amendments
Stored forever
5 years stored
5-10 years stored
42
14
15
16
Training documents
Folders for seminars
Lists of seminars
 Summary
tables
(requirements,
planning, and frequency).
Documents for internal regulations type,
decisions, regulations, statistic data, etc.
Projects, periodic data, included in summary,
the simple correspondence.
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.
17
Documents for sponsorship.
Laws,
decisions,
guidelines
correspondence
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
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.
Documents of current bank accounts
Documents of treasury
Documents of accountability, accounting
methodology, decisions, guidelines, studies,
annual balance sheets, summary.
Periodic and annual balances and evidences,
including here the simple correspondence.
Documents to facilitate the working conditions
Reports, plans, summary of evidence.
19
20
21
22
23
24
Stored forever
Stored forever
Stored 5 years
Stored forever
5-10 years stored
Stored forever
Ordinary 5-10 years stored
Staff personal files
Educational level, job position CV, etc.
Stored forever
5 -75 years stored
Stored forever
5-10 years stored
Stored forever
Stored forever
Stored forever
5-10 years stored
Stored forever
5-10 years stored
Stored forever
43
25
26
27
Documents of social security. Laws, decrees,
decisions, guidelines, studies, reports, records,
summary reports.
Evidence of periodic reports, including
summary, the ordinary correspondence.
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.
Documents,
appointments,
punishments etc.
Stored forever
5-10 years stored
Stored forever
5-10 years stored
decorations, Stored forever
5-10
stored
28
29
30
years
Decisions, annual plans etc.
Periodical evidence, request, complains, ordinary
correspondence.
Documents for the physical inventory of main equipments Stored forever
and materials of daily use. Statistical evidence book
summary, instructions and data in different reports. 5-10
years
Periodic summary evidence, everyday documentation.
stored
Documents for financial control-audit. Control acts. Act of
control (for the most important problems, general
problems,
summary
reports
and
ordinary
correspondence.
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 library
Periodical 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
Stored forever
5-10
stored
years
44
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;
45



Activity, oratory or the logic and reasoning in an interactive discussion.
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 by
the continuing record of the assessment of the final minutes for each candidate.
46
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
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.
47
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.
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
MINUTES OF CONTINUOUS AND FINAL ANNUAL EVALUATION
Subject/Course:_______________
48
Pedagogues/lector:_______________
Academic year: ___________________
Nr.
Name,
surname
Course
work/essay
(10 points
Practical
cases
(10/20
points
Interactive
Final
Total (100
discussions exam (60points)
(10 points) 7- points)
PEDAGOGUE
The pedagogue of the subject
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
49
MINUTES OF CONTINUOUS AND FINAL ANNUAL EVALUATION
Subject/Course:______________
Pedagogues/lector________________
Academic year:____________________
Nr.
Name,
surname
Title of
the work
Legal
writing
and
reasoning
(4 points)
Bibliography Originality Total (100
(1 point)
(5 points)
points)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11.
The professor of the subject
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
MINUTES OF CONTINUOUS AND FINAL ANNUAL EVALUATION
Subject/Course:________________
50
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
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
MINUTES OF CONTINUOUS AND FINAL ANNUAL EVALUATION
The first course, school year 200_-200_
Pedagogues:_________________
51
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
MINUTES
Kept 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.
52
_( )candidates whose evaluation is as follows
Nr.
Name,
surname
date
Points
Evaluation
COMMISSION
HEAD MEMBERS
PRACTICAL EVALUATION
Nr.
1.
2.
3.
4.
5.
6.
7.
Name, surname
Date
Points
Evaluation
53
8.
9.
10.
Pedagogues of the pre-professional internship
_________________________
_______________
DIRECTOR
_________________
54
Classification of candidates for magistrate, profile ( ), who have completed the second year of the School
for Magistrates 200_-200_
Nr.
Name,
Birth
surna
date
me
Birth
Residence
Faculty
Civil
Theoretical
Evaluation of
state
evaluation
the II year
Evaluation of the
Final evaluat
III year
I year
place
55
SUMMARY TABLE OF THE EVALUATION OF THESES FOR THE II YEAR OF SCHOOL OF MAGISTRATE
Nr. Theses Selection Volume
Originalit
Reflectio
Literature
Juridical
Presentati
Leading
of theses of the
y(30
n of
and
and
on and
professor
(5
first
points)
practice
bibliography
scientific
questions(
points)
material
s( 25
and
language
10 points
(5
points)
reference.
(15
(10 points)
points))
points).
Conclusions
1.
2.
3.
4.
5.
6.
7.
8.
9.
56
SUMMARY TABLEOF THE FILE EVALUATION FOR THE II YEAR OF SCHOOL OF MAGISTRATE
Nr.
Name,
Capability
Level and
The
The
Training
Communication Conclusions
quality of
efficiency
capability
and
in accordance
juridical
legal
during
to create
professional with the job
knowledge
writing
the work
and
activity
place, the
in a
and
and,
present
(5 points)
leading ability
correct
reasoning
speed and
the file(20
by the
manner
(25 points) quantity.
points)
evaluation of
surname to use
(30 points)
(10
the judges and
points)
prosecutors.
(10 points)
1.
2.
3.
4.
5.
6.
7.
8.
57
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.
58

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

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.
59

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.
4. Criteria for the selection /recruitment of pedagogues/trainers.
The selection of the pedagogues/ trainers will be based on:
60
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 publication
f) Recognition of a foreign language of the European Union.
g) Computer skills
Each pedagogue or trainer must:


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.
61

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:

Professional data and experience for the subject,

Academic activity

Published works

Knowledge or fluency of on foreign language.
62
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.
Each pedagogue / trainer in the School of Magistrates should undertake the
fulfillment of following obligations:
63

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
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.
64

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.
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.
65

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
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.
66
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 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.
67
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
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
68
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:
a( not preparing or not granting the necessary course materials in the seminar
b( not supporting the theoretical and practical aspects
c( 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.
69
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.
6.3.1 Specific causes for the initial training pedagogues.
A) The trainers holding the title
1. Not delivering the curriculum in the ways designated by the Scientific Council
2. Not working in terms of uniform teaching methodology or practical materials in
use.
3. Not calling a minimum number of meetings of the Chair
4. Non attendance of seminars given by their colleagues in their capacity as trainers
responsible
5. 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 training
1. Inconsistent with the objectives and the curriculum activities
2. 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
4. Not giving contribution in teaching materials
5. Inconsistent with job structure, practical activities of the trainers
6. Inconsistent .with the decisions of the management Council for the evaluation of
the trainers
7. Postpones more than 5 seminars during the academic year
8. 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
6.3.2
70
Specific causes for the experts of continuous training
1. The repeated refusal of attendance of seminars according to their specialty
within an academic year
2. Inability to stay within the contest of the seminar
3. Inability to stay within the time allocated for a presentation.
4. Non cooperation with other trainers involved in each workshop
5. Inability to draw to conclusions and confirm the results achieved at the end of a
presentation
6( 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.
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 and
B (Teaching plan
A( 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
71
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.

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.
72

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.
73
Example
EMBLEM
INSTITUTUT
NATIONAL
MAGISTRATURE
Academic chair
Judge:Livinia Valeria Lefterache Ph.D
CRIMINAL LAW
CURRICULUM
2007-2008
Year
Semester
1
I- II
Hours for lecture
64
Hours for debate
96
i. GENERAL VIEW OF THE COURSE
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.
74
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.
General purposes
At 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.
75
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.
76
The structure of debates
Nr.
Week
Theme
Description
Time
Methods
Lessom materials
used
1.
15-19
Lecture:
Introduction: the
Lecture 2
Analyzing
October
use of the
trainer and the
hours.
the practical
2007
criminal law in audience – introduction
Seminar 3
issues,
time
hours.
exercises on
Seminar on
in the subject
-
General view on
minutes
using the
the amended
composition
criminal law in
provisions of
time
criminal law and
the analyze of the
favorable law
analysis.
-
The criteria in
the establishment
of the favorable
law.
- Conflict of law.
-Conflict of
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 2006
Ruling #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
77
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
penale în timp şi spaţiu,
78
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. Ctin 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
Tribunalului Bucuareşti -1998,
79
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, 98100, 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
Criteria in the
Test 15
Test case
October
identification
mi-The
analyses.
2007
of criminal
text is
law, the most
discussed
favorable.
for 15 min.
-
The
-analyze of
element
the cause,
s that
2 hours
make
and 30
the
min.
article
15 of the
Criminal
80
law, anti
constitu
tional
-
Article
15 of the
Criminal
law –the
most
favorabl
e law in
the field
of the
main
and
supplem
entary
fields.
-
Incrimin
atio ex
novo.
81
Example
Goals
Objectives
Nr.
Week
Theses
Description
1.
I,II
These 1
________1
________2
________3
Time (1 methodology
hour 60
min)
Study case
Simulation
Group work
Debate
Work in project
Materials for The
continuous
reading
evaluation form
Laws
and ESSE
judicial cases Feed-back
Questionnaires
Mini test
82
Leading Board
Directory
Disciplinary
Commission
Pedagogical
Council
Dep. of Initial Training
Pedagogue (2)
Chancellor (1)
The Directory of Public
and Foreign Relations. Dr.
(1)
The Directory of Financial
and Human Resources.
Dr. (1)
Specialist of Public and
Foreign Relations.
Sp. (1)
The sector of Economy,
Human Resources and
General Services. (1)
Spec. IT (1)
Specialist of Human
Resources (1)
Specialist of ArchiveProtocol /Dr. (1)
Warehouseman/
Receptionist (1)
Driver (1)
Cleaning Worker (1)
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)
Bibliographer (1)
83
REPUBLIC OF ALBANIA
SCHOOL OF MAGISTRATES
MANAGEMENT COUNCIL
DECISION
No___________date 19.06.2007
On the approbation of the of the School of Magistrates Inner Regulation
Based 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.
PRESIDENT
THIMIO KONDI
84