The Special Prosecution Office and the Special Investigation Unit for the prosecution and investigation of criminal offences of corruption, organized crime and crimes in accordance with Article 135 paragraph 2 of the Constitution shall be independent from the Prosecutor General.
The Prosecutor General is appointed by three-fifths of the members of Assembly among three candidates proposed by the High Prosecutorial Council, for a seven-year mandate, without the right to re-appointment.
The High Prosecutorial Council shall select and rank the three most qualified candidates, based on an open and transparent procedure and forwards them to the Assembly, in accordance with the law.
In case the Assembly fails to elect the Prosecutor General within 30 days of receiving the proposals, the candidate ranked first by the High Prosecutorial Council, shall be declared appointed.
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Prosecutor can be Albanian citizens appointed by the High Prosecutorial Council after being graduated from the School of Magistrates and after the conduction of a preliminary process of verification of their assets and their background checks, in accordance with the law.
The Special Prosecution Office shall consist of at least 10 prosecutors, who shall be appointed by the High Prosecutorial Council for a 9 year term, without the right to re-appointment.
The Chief Special Prosecutor of the Special Prosecution Office shall be elected from the ranks of the prosecutors of this Prosecution Office by a majority of the members of the High Prosecutorial Council for a three-year term, without the right to reappointment, in accordance with the law.
The candidate for prosecutor, investigation officer, administrative staff of the Special Prosecution Office, Special Investigation Unit, as well as their close family members, prior to their appointment, shall be subject to a verification of their assets and their background checks, shall consent to periodic reviews of their financial accounts and personal telecommunications, in accordance with the law.
The High Prosecutorial Council shall guarantee the independence, accountability, discipline, status and career of Prosecutors in the Republic of Albania.
The Secretary General of the Assembly, based on an open and transparent procedure, shall announce the vacancies in accordance with the law.
The Secretary General of the Assembly, not later than 10 days from the submission of candidatures, shall verify if the candidates fulfil the criteria foreseen in the Constitution and the law and shall assess the professional and moral criteria to be a member of the High Prosecutorial Council and shall prepare the list.
In case the candidates do not fulfil the criteria and conditions to be elected, the Secretary General of the Assembly shall not include their names in the list.
The Secretary General of the Assembly, upon completion of the verification, shall immediately send the list of candidates who fulfil the formal criteria to the parliamentary subcommittee, in accordance with paragraph 7 of this article.
The standing committee responsible for legal affairs in the Assembly shall establish a subcommittee for the further assessment and selection of candidates not later than three days from the submission of the list.
In case the list is rejected, the procedure shall be repeated in the subcommittee under paragraph 7 of this Article, but no more than two times.
Members of the High Prosecutorial Council shall practice their duty full-time for a period of five years, without the right of immediate re-election.
The mandate of the special prosecutor shall be suspended during the period of time of the exercise of the function as member of High Prosecutorial Council.
The law may provide for the establishment of decision making committees of the High Prosecutorial Council.
The member of the High Prosecutorial Council shall stay in office until the appointment of the successor, except for the cases provided in subparagraph c), ç), d) and dh) of paragraph 1 of this article.
The Prosecutor General and the members of the High Prosecutorial Council shall be disciplinarily liable in accordance with the law.
The Justice Appointments Council examines and ranks the candidates according to their professional merits.
The Justice Appointments Council shall consist of nine members selected by lot from the ranks of judges and prosecutors, who are not under disciplinary measures.
The People’s Advocate shall participate as an observer in the selection by lot and in the meetings and operations of the Justice Appointment Council.
The High Court creates working conditions for the operation of the Justice Appointments Council.