Article 135

1. The judicial power is exercised by the High Court, as well as the courts of appeal and courts of first instance, which are established by law.
2. The Assembly may establish by law courts for particular fields, but in no case an extraordinary court.

Article 136

1. The members of the High Court are appointed by the President of the republic with the consent of the Assembly.
2. One of the members is appointed Chairman following the procedure contemplated by paragraph 1 of this article.
3. The Chairman and members of the High Court hold the office for 9 years without the right of re-appointment.
4. The other judges are appointed by the President of the Republic upon the proposal of the High Council of Justice.
5. Judges may only be citizens with higher legal education. The conditions and procedures for selection are defined by law.

Article 137

1. A judge of the High Court may be criminally prosecuted only with the approval of the Assembly.
2. A judge of the High Court may be detained or arrested only if apprehended in the course of committing a crime or immediately after its commission. The competent organ immediately notifies the Constitutional Court. If the Constitutional Court does not consent within 24 hours to the sending of the arrested judge before a court, the competent organ is obliged to release him.
3. Other judges may be criminally prosecuted only with the approval of the High Council of Justice.
4. A judge may be detained or arrested only if apprehended in the course of committing a crime or immediately after its commission. The competent organ immediately notifies the high Council of Justice. If the high Council of Justice does not consent within 24 hours to the sending of the arrested judge before a court, the competent organ is obliged to release him.

Article 138

The time a judge stays on duty cannot be limited; their pay and other benefits cannot be lowered.

Article 139

1. The term of a High Court judge ends when he:
a. is convicted of a crime with a final judicial decision;
b. does not appear for duty without reason for more than 6 months;
c. reaches the age of 65;
d. resigns;
e. is declared incompetent to act with a final judicial decision.
2. The end of the term of a judge is declared with a decision of the High Court.

Article 140

A judge of the High Court may be discharged by the Assembly with two-thirds of all its members for violation of the Constitution, commission of the crime, mental or physical incapacity, or acts and behavior that seriously discredit the position and image of the judge. The decision of the Assembly is reviewed by the Constitutional Court, which, upon verification of the existence of one of these grounds, declares his discharge from duty.

Article 141

1. The High Court has original and review jurisdiction. It has original jurisdiction when adjudicating criminal charges against the President of the Republic, the Prime Minister, members of the Council of Ministers, deputies, judges of the High Court and judges of the Constitutional Court.
2. For a unification or change of the judicial practice, the High Court has the right to select specific judicial issues for examination in the joint college.

Article 142

1. Judicial decisions must be reasoned.
2. The High Court must publish its decisions as well as the minority opinions.
3. The organs of the state are obliged to execute judicial decisions.

Article 143

Being a judge is not compatible with any other state, political or private activity.

Article 144

The courts have a special budget, which they administer themselves. They propose their budget according to law.

Article 145

1. Judges are independent and subject only to the Constitution and the laws.
2. If judges find that a law comes into conflict with the Constitution, they do not apply it. In this case, they suspend the proceedings and send the issue to the Constitutional Court. Decisions of the Constitution Court are obligatory for all courts.
3. Interference in the activity of the courts or the judges entails liability according to law.

Article 146

1. Judges give decisions in the name of the Republic.
2. in every case judicial decisions are announced publicly.

Article 147

1. The High Council of Justice consists of the President of the Republic, the Chairman of the High Court, the Minister of Justice, 3 members elected by the Assembly and 9 judges of all levels who are elected by the National Judicial Conference. Elected members stay in office or 5 years, without the right of immediate reelection.
2. The President of the Republic is the Chairman of the High Council of Justice.
3. The High Council of Justice, with the proposal of the President, elects a vice-chairman from its ranks. The vice-chairman organizes the activity of the High Council of Justice and chairs its meetings in the absence of the President of the Republic.
4. The High Council of Justice decides on the transfer of the judges as well as their disciplinary responsibility pursuant to law.
5. The transfer of judges may not be done without their consent, except when the needs of reorganization of the judicial system dictate this.
6. A judge may be removed from office by the High Council of Justice for commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and image of a judge, or professional insufficiency. The judge has the right to complain against this decision to the High Court, which decides by joint colleges.

LAW
No. 8588, date 15.3.2000

ON THE ORGANISATION AND FUNCTIONING OF
THE HIGH COURT OF THE REPUBLIC OF ALBANIA

On the basis of Articles 6, 81 paragraph 2 letter “a” and 83 paragraph 1 of the Constitution, upon the proposal of the Council of Ministers,

THE ASSEMBLY
OF
THE REPUBLIC OF ALBANIA.

DECIDED:

PART I

ORGANIZATION AND FUNCTIONING OF THE HIGH COURT

Article 1
Composition of the High Court

The High Court is composed of seventeen judges.

Article 2
Headquarters

The High Court has its headquarters in Tirana.

Article 3
Qualifications for selection as judge of the High Court

Judge of the High Court are appointed from among the judges who have exercised this profession for no less than ten years or among prominent lawyers, who have exercised this profession for a period of not less than 15 years.

Article 4
Procedure of appointment of a High Court judge

The members of the High Court are appointed by the President of the Republic upon consent of the Assembly.

Article 5
Beginning of the mandate

The mandate of the judge of High Court begins from the moment the decree of the President contemplating the appointment enters into force.
The mandate of the Chairman of the High Court is calculated within the mandate of a judge in that court.

Article 6
Early termination of the mandate of a High Court member

In the cases provided in Article 139 of the Constitution, the Chairman of the High Court, or any other member, proposes the joint panels of the High Court to declare by a decision the termination of the mandate of a member of this court.

Article 7
The Chairman of the High Court

.The High Court is represented by the Chairman
The Chairman of the High Court has these duties:

a) chairs the Joint Panels;
b) divides the judges in panels;
c) ensures after the normal functioning of the High Court;
ç) appoints and dismisses the legal assistant;
d) appoints and dismisses the auxiliary staff ;
dh) submits the requests for the annual budget of the High Court and supervises its implementation;
e) approves the structure, human resources and the internal rules of the High Court;

The Chairman of the High Court accomplishes other duties contemplated by law.

The Chairman of the High Court in exercising his functions is assisted by the advisers and other administrative personnel.

Article 8
Replacement of the Chairman

When the Chairman of the High Court is unable to accomplish the duty, the Chairman shall be substituted by the Chairman of the Civil Panel, in the conduct of the duties provided in paragraphs a, c, ë, of the Article 7 of this law.

Article 9
Consultation with the judges

The Chairman of the High Court consults the judges, particularly on the following issues:

a) the structure of the High Court;
b) the internal rules of the High Court functioning;
c) the budget-related needs of the High Court;
d) the division and transfer of judges in panels.

Article 10
The Panels

The High Court is organized in: the civil panel and the criminal panel.
Martial criminal cases are tried by the criminal panel, while the commercial, administrative, family, labor cases et cetera, are tried by the civil panel.
The Chairman of the High Court, after taking the opinion of the judges, can move them from one panel to the other, for reasons of workload and of the normal functioning of the court.

Article 11
Chairman of panel

The Chairman of a panel is elected by its members by a majority vote, for one year, with the right of re-election.

Article 12
Jurisdiction of the panels

The panels of the High Court try appeals of cases, according to the rules of the Code of Civil and Criminal Procedure.

Article 13
The Bench

High Court panels try on a bench of five judges.
When the bench cannot be formed with judges of the same panel, it is completed by judges from the other panels. This judges shall be selected by sort.
When the Chairman of the High Court hears a case, he chairs the bench. On all other cases, the bench is chaired by the chairman of the panel and, in his absence, by the oldest serving judge.

Article 14
Cases tried by Joint Panels

The High Court tries in Joint Panels:

a) When the Code of Civil Procedure and the Code of Criminal Procedure contemplates so:
b) appeals against a decision of the High Council of Justice;
c) the claims of the unification or amendment of the court practice
d) other cases, when the law provides.

Article 15
Trial by the Joint Panels

When the High Court tries in the joint panels, the Chairman of the High Court chairs the session.
In his absence, the Chairman of the Civil Panel chairs the session.
When the High Court tries in the Joint Panels, two reporters shall be selected by sort, who shall prepare and present the reports for judgment independently by each other,

Article 16
Quorum

The Joint Panels try when not less than two thirds of the High Court judges are present.
The decision is taken by the majority vote of the judges present in the hearing.

Article 17
Unification and amendment of court practice

The Joint Panels of the High Court issue the unification and amendment of court practice when:
a) this is requested by a panel of the High Court
b) this is requested by the Chairman of the High Court
c) the Joint Panels deem it necessary.

Article 18
Trial during the annual vacation

During the annual vacation leave, a necessary number of judges is nominated by chance to try issues that according to the law, are deemed urgent.

Article 19
Decisions and their publication

The decisions of the High Court are proclaimed with the reasoning no later than 30 days from the date of the termination of the judicial examination.
The decisions of the Joint Panels, along with their reasoning shall be published in the Periodical Bulletin o f the High Court.
The decisions that serve the unification or amendment of the court practice are published in the very first issue of the “Official Gazette”.

Article 20
Legal assistants

A High Court judge has no more than two legal assistants and an auxiliary person.
The legal assistants are selected by the judges of the High Court among the lawyers that meet the legal requirements to be appointed/nominated judges of the courts of first instance or of appeal. They are appointed by the Chairman of the High Court.
The legal assistants are respectively entitled the salary of the judge of the First Instance or Appeal.
A legal assistant is dismissed by the Chairman of the High Court on the basis of the proposal of the judge concerned.
When it is concluded that the dismissal is made for no legitimate reason, he) is entitled only to a compensation of the damage amounting no more than the sum of the annual salary.

Article 21
The duties of a legal assistant

The legal assistants shall study the appeals, the judicial files, prepare the reports related to the cases at issue by giving their opinion, respond to the complains, prepare the necessary materials as well as any other tasks assigned by the High Court judge.

PART II
THE STATUS OF HIGH COURT JUDGE

Article 22

The salary of a High Court judge is equal at of a minister, while the salary of the Chairman of the High Court is 20 percent % higher than the salary of a member of that court.

Article 23

A judge of the High Court and his/her spouse are entitled to a diplomatic passport until three years after the termination of the mandate.

Article 24

Upon accomplishing the term, according to the conditions provided in Article 136/3 of the Constitution, a High Court judge, upon his request, shall be appointed judge at the Court of Appeals.

Article 25

The protocol and health care treatment of the members of High Court, is equal to that of a member of Assembly.

PART III
ADMINISTRATION OF THE SERVICES

Article 26
The Chancellor of the High Court

The Chancellor manages the auxiliary operations within the High Court
Only a lawyer who has exercised the profession for not less than seven years may be appointed Chancellor.
The Chancellor is appointed and dismissed by the Chairman of the High Court.

Article 27
Administration of the Services

The Chancellor organizes the judicial lot.
The Chancellor proposes to the Chairman of the High Court the appointment and the dismissal of the auxiliary personnel of the High Court.

Article 28
Auxiliary services of the High Court

The auxiliary services in the High Court are carried out by the judicial secretariat, the administrative, finance, computer services, registration, document storage, preservation of the internal order, studies and external relations divisions and the library.
For other auxiliary services, the Chairman of the High Court, upon the proposal of the Chancellor, may establish other divisions.

Article 29
Guarantee of order and security

To ensure order and security, following the instructions from the Chairman, a permanent police service operates at the High Court.

PART IV
FINAL PROVISIONS

Article 30

Law No 8362, dated 1.07.1998 “On the organization and the functioning of the High Court”, as well as any other provision that is contrary to this law, will be abrogated.
For all other issues not solved by this law, the provisions of the law no. 8436 date 28.12.98 “On the judicial power in the Republic of Albania” shall apply.

Article 31

The Council of Ministers shall issue acts to implement the provisions related to the financial and formal rights of a High Court judge.

Article 32
Entrance into power

This law enters into power 15 days after publication in the “Official Gazette.”

SPEAKER OF THE ASSEMBLY
Skënder GJINUSHI