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The draft that "punishes" State Lawyers, what happens when they are assessed as professionally incompetent

Politiko 2023-03-29 10:28:52

The draft that "punishes" State Lawyers, what happens when they are

State lawyers who are assessed as professionally incompetent will be dismissed or demoted. It is this new proposed bill that aims to pay more attention to the category of lawyers who are of particular importance to the state.

State lawyers are responsible for protecting the interests of the state in cases where we are dealing with arbitrations, where Albania has lost quite a few cases that have brought high costs to the budget.

The proposed changes in some articles have to do with the operation of local offices.

"The proposal foresees that their land competence is not foreseen in the law but in the structure of the institution, making the distribution of the load more flexible. On the other hand, the provision with a normative act such as the law, seems incoherent based on the fact that the judicial map itself is approved by decision of the Council of Ministers" , says the report accompanying the draft law issued for consultation.

In Article 3, the law has been amended in order to provide that the assessment of professional incapacity will not only lead to the dismissal from office, but also the demotion of the state attorney.

Article 4 of the draft is the one that, according to the report, "aims to amend and correct Article 26/3 of the law in force, which despite the fact that in its title provides for demotion, does not address it. On the other hand, demotion is proposed as a disciplinary measure for lawyers at the central level, which should be given in accordance with the offense committed. Meanwhile, the proposed change includes the parallel movement as a right of the state attorney and foresees the development of a competition process, but leaves the discretion for setting its rules to the State Attorney General in the internal regulation of the organization and operation of the Bar of State".

Article 7 of the proposed draft "adds a new provision which aims to define the circumstances due to which the disciplinary measure is individualized more correctly in relation to the offense committed. It is proposed to add two new types of disciplinary measures, which are: demotion for a period of up to six months and retention of up to thirty percent of the full salary for a period of up to six months. These measures are estimated to serve the function of the disciplinary process in terms of fair individualization of the measure, but also the preventive function of future violations".