BOND NR. 1

THE PROGRAM OF TRANSPARENCE FOR THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA

I. INTRODUCTION

In accordance with the article 7 of the law nr.119/2014 “On the right of information” is prepared the program of transparence of the School of Magistrates of the Republic of Albania. This program defines the legal framework of the activity of the authority in the context of the law nr.119/2014 “On the right of information”(LRI).

This program is considered as a concrete manner through which the Public Authority (The School of Magistrates) constructs and increases the transparence in its institutional work, under the guarantee of LRI. The School of Magistrates is going to update frequently the Program of Transparence, in the point 2 of the article 5 of LRI.

The information publicized in this program intends to make the transparence of the activity of the work of the School of Magistrates, through its detailed reflection in the web page as well as in the environments of the reception of the public. The program of transparence is reflected in rubrics, texts/compositions, deadline for its making public, the manner of the publication as well as the corresponding structure which produces or administers the document.

In the composition of the program of transparence is evidenced the scheme of publication, which represents the menu where is addressed the document in the official web page in internet. In spite of this, every document is accessible even in the scheme.

The publicized documentation will be updated in form and content. The official webpage of the School of Magistrates is constructed in such a form that makes possible the information for the public without request, in an easily understandable format. In the rubrics of the official webpageis reflected even informationcharacterized from limitations of the identification of the personal data because of the protection of the privacy of the individuals/subjects of the data, etc.

The scheme of the publication is presented through the summary table evidenced in this program.

II. GENERAL PRINCIPLES

The main principles where is based the Program of Transparence of the School of Magistrates are:

  1. “The right of information” is a constitutional right anticipated in its 23rd article, accessible by all without any exception.
  2. The presumption of the maximal publication of the information: The School of Magistrates, exercises public functions, consequently the information deriving from its activity is publicized in accordance with the legislation in power.
  3. The correct application of the law and legal disposals which regulate in a specific way the activity of the School correspondly: the Law nr. 8136, date 31.07.1996 “On the School of Magistrates of the Republic of Albania”, alternated by the Law nr. 9414, date 20.05.2005 and the Law nr 97/2014.
  4. The information is adapted in a clear and understandable language.
  5. An organ observing the procedures of the public information is the Commissioner on the Right of Information and the Protection of Personal Data” (further KDIMDP).
  6. The revision of the program of transparence is done according to the same procedure, through which is done its approval.
  7. The public information without request must be:

-Complete;

-Correct;

-Updated;

-Simple in consulting;

-Understandable;

-Easily accessible;

-In accordance with the original documents in the possession of the public authority.

III. THE INFORMATION MADE PUBLIC WITHOUT REQUEST

The information allowed to be published is explicitly anticipated in the article 7 of the law Nr.119/2014 “On the right of information” (Ref. to the law).

-The complete information for the public from the School of Magistrates is given through:

a)The official web page of the School

b)The respective phone numbers publicized in the official web page;

c)The administrate of the School, which through the clerks of the scientific secretary of the initial/continuous formation as well as archive/protocol, informs the interested people on the information in corresponding grounds;

d)Notifications publicized in the spaces of the reception of the public.

The intention of the composition and of the approval of this program of transparence:The guaranteeing of the public’s right to be well informed on the activity, mission, vision of the School of Magistrates of the Republic of Albania, as well as with its organisative structure. The program offers correct, complete informationwithin a reasonable time, in accordance with the complete application of the legal disposals anticipated in the law on the right of information.

In the application of the above legal disposals, as well as in accordance with this approved program of transparence, the School of Magistrates of the Republic of Albania, puts in the disposal of the public its web page andin the spaces of the reception of the public, the categories of information as follows:

General information for the public:The School of Magistrates of the Republic of Albania is created and functions on the basis of the Law nr. 8136, date 31.07.1996 “On the School of Magistrates of the Republic of Albania”, alternated. The School of Magistrates, is an independent, public institution, which performs its activity into the ground of the initial and continuous training of judges and prosecutors, as well as of the clerks of the judicial administrate, of other judicial professions, related with the justice system, in accordance to the law or to the request of the interested institutions as well as in dependency of free capacities formed to it and the funds in its disposal. The School of Magistrates, in the function of the accomplishment of its mission as well as in the context of the completion and improvement of the judicial literature, publishes the magazine “JetaJuridike” with texts and judicial literature of jurists, professors, different judges and prosecutors.

Information on the initial (formation) at School: (The initial) formation of the candidates for magistrate includes a 3 (three) years period of time, composed of: a) a year of theoretical program with different subjects of the law; b) a practical year under the care of a school professor and under the direction of a judge or prosecutor of high qualification; c) a year of professional practice in the study of less complicated cases under the direction of a prosecutor or judge. The theoretical program in the first year is common for all candidates, while the second year of practice, and the third year of professional practice, get accomplished according to the profile of each candidate, judge or prosecutor. The detailed information on the initial (training) of the candidates for magistrate exists in the rubric “Initial formation” in the official web page of the School. In this rubric you may find information on the recognition’s examination in the School of Magistrates (the criteria of the recognition, the program of the recognition’s examination, the regulation of the examination, etc.); teaching plans and programs on the initial training (formation) of the candidates for magistrate; imitation trials and debates done from candidates for magistrate in years; the verdicts of the pedagogical council on the assessment of the candidates for magistrate; the topics of the students as well as the nominations of the magistrates in different years.

Information on the continuous training at School: In the context of the accomplishment of its mission, the School of Magistrates offers the continuous training (formation) for judges and prosecutors of the first instance courts and prosecutions as well as of the courts of appeal. The period of the continuous formation does not pass more than 20 (twenty) days in year and not more than 60 (sixty) days in 5 (five) years. The program of the continuous formation is composed from the Director of the School in collaboration with the internal pedagogical staff, after taking preliminarily the opinion of the Head of the High Court, of the General Prosecutor, of the Ministry of Justice, of the High Council of Justice and of the Pedagogical Council of the School. The Program of the continuous training (formation) of the School is approved from the Directive Council of the School. The participation in these trainings is obligatory and at the end of the training, are given certificates for participants. A detailed information on the continuous training (formation) of judges and prosecutors, exists in the rubric “Continuous training” in the official website of the School. In this rubric you may find information on the program of the continuous training; the calendar of the trainings for the corresponding year; the opportunity of the registering to take part in the seminars of the continuous training (formation); seminars with international partners; different materials from ECHR; the training of trainers.

Information on the editions of literature and judicial texts:Editions and publications are an important part of the daily activity of the School of Magistrates. Different judicial texts are part of the magazine JetaJuridikepublished from the school, in the service of the enrichment and improvement of the judicial literature. In the internet website of the school, is given detailed information on the editions of the School, presented in the rubric “Editions”. In this rubric will be found information on the numbers of the magazine JetaJuridikein years; the regulation of the magazine JetaJuridikeas well as the regulation of editions; the editorial board of the magazine and of the editions; workings of the professors and other editions.

The electronic website of the School of Magistrates, is easily accessible from all, being concepted in such a way that;

-Might be quite transparent in the information transmitted to the public;

-Each of the outer users (public) who visits the website may be correctly oriented about the information required.

In the rubrics established in the website, is given the corresponding information in accordance with the title of the rubric and its subtitles. In the main website of the School, is appeared the corner of the notifications; the calendar of the continuous training; the recent activity of the School; the images of the School, and of its spaces; the initial training of the candidates for magistrate. For more information on each of them it is enough just a click in the corresponding rubric to continue further with the selection of the required information.

For information on the organisative structure of the School it is enough to be clicked to the rubric “Aboutus” where will be found information on the Directive Council; Pedagogical Council; Disciplinary Commission; the Assembly; the Staff of the School and the Organigram. In each of the mentioned sub rubricsis given structured information in the chart form, for being clearerand much more summarized.

The information published according to this chart, gets updated each time it changes.

IV. THE SUMMARY CHART OF THE PROGRAM OF TRANSPARENCE OF THE SCHOOL OF MAGISTRATES OF THE REPUBLIC OF ALBANIA

The categories of the public information devoid of request / Legal Basis / The document/Content / The time limit for publication / The manner of publication / The responsible structure
The description of the organisativestructure, of the functions and duties of the public authority. / Article 7/1/a/d LDI / The organisative structure presented in the electronic web page of the School, scheme/table / Immediately after the approval / In the official electronic website of the School the rubric “About us” / The clerk authorized from the director
International acts, laws, sub legal acts; policy documents; other document. / Article 7/1/b
LDI / The UNO Conventions; of the Council of Europe; of Hague; bilateral agreements; Laws / After the coming into power / In the official electronic website of the School the rubric “Conventions” / The School of Magistrates
Information on the procedures which have to be followed in order to make a request for information, the post and the electronic address for the depositation of the requests to be informed, as well as the procedures of the acclamation of the corresponding verdict. / Article 7/1/c/g
LDI / Written request according to the attached format
Post address: RrugaElbasanit (pranë) FakultetitGjeologjiMiniera, Tiranë
Electronic address: / After the approval of the program of transparence / In the official electronic website of the School the rubric “Contact us” / The coordinator on the right of information
The information on the residence of the offices of the public authority,
The work schedule, the name and the contacts of the coordinator on the right of information. / Article7/1/ç
LDI / Residence: RrugaElbasanit (pranë) FakultetitGjeologjiMiniera, Tiranë.
Timetable: 08:30-16:30 / After the approval of the program of transparence / In the official electronic website of the School the rubric “Contact us” / Information
Description of the procedures of election, competences of high functionaries and the procedure of the quest for the taking of verdicts. / Article 7/1/d
LDI / Legal anticipations / After the coming into power / In the official electronic website of the School therubric “About us”
Monitoring mechanisms;
Control reports;
Documents with performance indicators / Article7/1/
Dh
LDI / Monitoring reports / After the (3 months) realization / In the official electronic website of the School the rubric “About us” / The authorized clerk
Budget / Article 7/1/of
LDI / The law on the budget and sub legal acts issued in its application.
The law on the School of Magistrates, alternated(its 3rd article) / After the coming into power / In the official electronic website of the School the rubric “About us” / The Sector
Finance Services
Information on procurement procedures. / Article 7/1/ë
LDI / The register of the anticipations and realizations of public procurements / After the transferring to APP / The Sector
Finance Services
Services of the public authority. / Article
7/1/f
LDI / Certifications
Copy of acts/documents / In the official electronic website of the School
The presentation of the opinions in the composition of draft acts, etc. / Article7/1/gj
LDI / In accordance with legal requests / After their drafting / In the official electronic website of the School / The School of Magistrates
The custody of the documents from AP / Article 7/1/h
LDI / In accordance with the legal context on the archives in the Republic of Albania, is done the custody of the documents in the archive scheme of the system. / In the official electronic website of the School the rubric “Archive” / The Sector Archive/
Protocol
The register of requests and answers, according to the article 8 of this law
nr.119/2014. / Article 7/1/of
LDI / The table according to the attached format / After the approval of the program of transparence / In the official electronic website of the School / The coordinator on the right of information
Information and documents as well as documents frequently required. / Article 7/1/k
LDI / Criteria on the competition
Statistics
The request on the participation in continuous trainings.
Access opportunities in the School’slibrary / In the official electronic website of the School rubrics “Initial training”; “Continuoustraining”; “Library” / The Scientific Secretary; The Sector of Editions
Publications (Library)
Other necessary information / Article 7/1/l
LDI / Partnerships
Collaboration agreements
Projects / In the official electronic website of the School the rubric “Partnerships”

V. PUBLICATIONS

In accordance with this approved program of transparence, the School of Magistrates puts in the disposal of the public in its internet page ( and in the public reception spaces, the above mentioned categories, in a specific menu named “The Program of Transparence”.

VI. THE MONITORING

The Commissioner on the Right of Information and the Protection of the Personal data monitors the application of the law on the right of informing, encouraging the principle of transparence in the work of public authorities, especially through sensibilisation end informing on matters of the right of information.

The Commissioner makes recommendations for the public authorities, in relation with the concept of the application of the institutional programs of transparence.

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