STATUTE OF THE ALBANIAN BAR CHAMBER

 CHAPTER I

LIMITATION AND LEGAL BASIS.

Article 1
The Chamber of Advocacy of Albania is a Legal Person and enjoys the status of an NGO, which is created, organized and functions by a special law. Its activity is carried out in accordance with the Constitution, Law no. 55 dated 23.07.2018 "On the Profession of Lawyer in the Republic of Albania" as well as the provisions of this statute. The Bar Association of Albania is a union of active and passive members of local bar associations.

Article 2
Its full name, as well as its official name, is the Bar Association of Albania. In an abbreviated way, it can also be identified with the first initials of the name, DHASH. 

CHAPTER II
OBJECT OF THE ACTIVITY

Article 3
object

The object of activity of the Chamber of Advocates of Albania is:

- Guaranteeing the exercise of the profession and strengthening the independence of the lawyer as a free professional;

- Increasing the professional level of lawyers for the good and in the interest of the public, as well as the protection of human rights at every stage of the judicial process;

- Encouraging lawyers to provide legal services to people who do not have sufficient income and special entities that benefit from free legal aid.

- Protection of lawyers from arbitrary positions or any form of public or private pressure that aims to undermine the independence of the lawyer's profession;

– Consolidation of law firms;

- Increasing the effectiveness and control of the activity of the local chambers of lawyers in order to increase the quality of legal services;

- Establishing contacts and exchanging experience with sister organizations and associations inside and outside the country.

- Establishing an efficient cooperation system between lawyers and procedural or judicial bodies as well as public administration;

- Drafting of efficient policies and necessary infrastructure in terms of professional education of lawyers and assistant lawyers, in order to update them with specific professional, theoretical and practical knowledge.

- The establishment of an internal regulatory supervisory system which guarantees the protection of the community of lawyers from unprofessional behavior and from inappropriate professional services of lawyers in particular and from the illegal activity of each lawyer, in the function of performing the service of advocacy.

- Taking the necessary measures in relation to the exercise of periodic control of the lawyer's activity and the prevention of criminal activities related to the prevention of money laundering and products originating from criminal offenses, as well as the financing of terrorism.

Article 4

Means of realization
The above object will be realized through:

- Increasing the role of the Chamber of Advocates in institutional relations with state and legislative bodies, as well as offering its contribution to the process of drafting laws in the Republic of Albania;  

- Creating a chain of mutual and continuous cooperation with scientific institutions, law faculties at universities in the country and abroad, as well as with any organization that operates legal education programs. 

- Organization of trainings, scientific conferences and meetings with the community of lawyers or other actors of the justice system, through which it will be possible to generalize the positive experience of lawyers in special areas of the legal service at home or abroad;

- Increasing the publishing ability of lawyers with legal themes in periodical press bodies, as well as the publication of an independent newsletter;

- Representation in international organizations related to the exercise of the legal profession and maintaining constant contacts with sister organizations and foreign associations of independent lawyers.

- Strengthening the internal financial control in terms of revenue collection according to the fees determined by the governing bodies and their effective use in the interest of the community of lawyers;

- The drafting of efficient policies and the establishment of competent bodies in terms of the control and activity of lawyers in accordance with the law, the statute and the lawyer's Code of Ethics.

- Implementation of the legal duties defined in the special legislation, especially the one related to the legal aid guaranteed by the state and the exercise of the supervisory authority in terms of control and prevention of money laundering and terrorist financing.

 CHAPTER III

JURISDICTION, DURATION, CENTER OF ACTIVITY AND SYMBOLS.

 Article 5

jurisdiction
The Bar Association of Albania exercises its activity throughout the territory of the Republic of Albania. Its supervisory authority also includes all lawyers who are licensed to practice their profession and offer legal services to Albanian citizens in other countries.

Article 6
Subject Registration and Duration

 The registration of the Albanian Chamber of Advocacy subject takes place at the Tirana Civil Court, while the registration for the effects of the implementation of tax legislation and the provision of NUIS is carried out at the Tirana Regional Tax Directorate.

The duration of the activity of the Chamber of Advocacy of Albania is indefinite, except when otherwise determined by law.

Article 7
Activity center

 The Bar Association of Albania has its headquarters in the city of Tirana, with the address "Murat Toptani", business center "Eurocol", floor 9, Tirana.

The Chamber of Advocates of Albania has the right to establish other headquarters within its jurisdiction within the territory of the Republic of Albania.

Article 8
Seals and symbols

The Chamber of Advocacy of Albania has its seal and symbols which are approved by the General Council. The seal has a circular shape with a diameter of 4.5 cm. In the upper part of the semicircle is written "DHOMA E AVOKATIŠE", in the horizontal part of the diameter is written "ALBANIA", while in the lower part of the semicircle the word "TIRAN" is written.

The local chambers of the bar have their seal, which has the form described above, only instead of the words "CHAMBER OF LAWYERS", the words "LOCAL CHAMBER" are written, instead of the word "ALBANIA" the word "E LAWYER", and instead of the word "TIRAN:, the name of the local office of the territorial unit where the local chamber of lawyers has its own jurisdiction is placed.

CHAPTER IV

ORGANIZATION AND GOVERNING BODIES OF THE ALBANIAN BAR CHAMBER

 CHAPTER I

 Advocacy in the Republic of Albania is organized at two levels, at the central and local level.

The central level of advocacy

Article 9
At the central level, advocacy is organized in the Chamber of Advocacy of Albania. DHASH is the mandatory union of all lawyers who practice the profession of lawyer in RSH according to the territorial jurisdiction, organized in the respective local chambers.

The Chamber of Advocates of Albania represents all the structures of local chambers as well as any other body that operates within it, established by law or by-laws, that operate in the field of advocacy. The legal personality of the latter is acquired only through DHASH.

Article 10
The organization of DHASH takes place at the national level and includes the entire territory of the Republic of Albania.

It consists of elected bodies and administrative staff.

Article 11
The Chamber of Advocacy of Albania is the union of all local chambers. The number of local chambers of advocacy is determined by the decision of the General Council and in relation to the membership of the lawyers of each local chamber.

 Governing Bodies

Article 12
The governing bodies of the Chamber of Advocates of Albania are:

1. The General Council of the Chamber of Advocates of Albania;
2. Steering Committee of the Chamber of Advocates of Albania;
3. President of the Bar Association of Albania.

Article 13
The General Council of DHASH

 The General Council of the Chamber of Advocates of Albania is the highest decision-making body of DHASH. It consists of lawyers elected through an election process by the local chambers of the bar. The number of its members is determined by the decision of the General Council, always maintaining the proportionality of its members.

The powers of this Council are those defined in point 3 of Article 27 of Law 55/2018.

Article 14

Composition of the General Council of DHASH

The General Council consists of a limited number of no more than 100 members. In order to guarantee participation according to certain social groups within the community of lawyers, it is composed on the basis of the following criteria:

1. 50 percent of the membership is chosen by lawyers with professional experience of no less than 10 years in the practice of the profession;
2. 20 percent of the membership is chosen by lawyers with professional experience up to 10 years in practice;
3. 30 percent of the membership is elected by female members, regardless of professional experience in the practice of the profession.

The number of female members selected according to criteria 1 and 2 above are not included in the membership number determined according to criterion 3.

Article 15

Meeting of the General Council of DHASH

 The General Council of the Bar Association of Albania meets no less than twice a year. He is called by the Steering Committee at the request of the Chairman of DHASH or in his absence by the Deputy Chairman. For exceptional cases that require the necessity of calling the KP, its meeting may be requested by a group of members of the KP of not less than 1/3 of them or by a group of the lawyer community of not less than 100 lawyers .

In the case of a call by the community of lawyers, the request must be made in writing and the request must indicate the reason why the call of the KP meeting is requested, the submission of the argumentative documentation that shows the necessity for the call of this extraordinary meeting, as well as the lists of the initiator members, which must be clearly and clearly written, in order to identify the applicants.

 Article 16

The functioning of the General Council of DHASH

The General Council of DHASH is a collegial decision-making body and does not perform administrative functions. It does not work permanently while exercising its functions. Its collection is done through electronic notification by the administrative staff of DHASH or through other forms of communication. The notification for participation in the meeting of the KP members is made no later than 15 days before the day of the meeting. Participation is mandatory. Absence twice in a row in the participation of the KP meeting, without justified reasons, results in the termination of the exercise of the mandate. Termination of the mandate according to the above case is done by the proposal of the chairman and by the decision of 1/2 of the members of the KP.

 Article 17
The necessary quorum for the meeting of the General Council of DHASH

The meeting of the General Council necessarily requires the participation of no less than 2/3 of the members elected to it. In case of not meeting the necessary quorum, the meeting takes place after one week at the same time and in case of not meeting the quorum again, the meeting takes place in the presence of the present members, adding to the agenda the measures to be taken against the members who have caused such a situation. 

Article 18
Making decisions

The KP meeting is chaired by the President of DHASH and in his absence by the vice president. The agenda approved in the Steering Committee is presented by the Chairman and then followed according to normal procedures.

Decisions by the KP are taken by secret or open voting, according to the evaluation by the KP. The decision on the voting method is made by open voting and for the approval of the submitted proposal, 50 percent plus 1 of the members present in the hall need to vote.

The General Council of DHASH cannot take decisions outside the competences defined in Article 27, point 3 of Law 55/2018 "On the profession of lawyer in the Republic of Albania".

The necessary quorum for making decisions by the KP is defined in point 4 of Article 27 of Law 55/2018. 

Article 19
The way of execution of decisions

 After taking the decision, the President, himself or through a person assigned by him, discloses the decision taken according to the standard model of an administrative act, in which the deadlines for the realization of the objectives aimed at by the decision are also determined and within a time limit of 15 days conveys for execution to the administrative director of the Chamber of Advocates of Albania. The latter takes all the administrative and organizational measures for the realization of the decision taken and when the decision is evaluated as fulfilled in its purpose, it notifies the chairman about the realization or not of the objectives of the relevant decision.

 Steering Committee of the Bar Association of Albania

Article 20
Election and composition of the Steering Committee

The Steering Committee of the Chamber of Advocacy of Albania is elected by the General Council of this chamber at its first meeting. The candidacy for a member of the DHASH Steering Committee must necessarily be made by the elected members of the General Council. The Steering Committee consists of 17 members. Its number can be changed with the proposal of 2/3 of the members of the General Council of DHASH.

The election of the member of the Steering Committee is done by secret ballot.

The General Council of DHASH has the obligation to establish criteria related to:

1. Representation in this body in at least 1/3 of it by members of the local chambers that have the largest number of lawyers' membership. This classification excludes elected representative members of the Tirana Bar Association;
2. Representation in this body in at least 1/3 of its female members, including the number of female members elected according to point 1 of this paragraph;
3. At least 2 of the members chosen according to the above criteria must be from among the members elected in the KP of DHASH from the representation of lawyers who have practiced the profession of lawyer from 1 to 10 years.

The member of the Steering Committee whose mandate is terminated before time, according to the provisions in the law and in this Statute, is replaced by the next candidate on the list of winners for the Steering Committee of DHASH.

 Article 21
Meeting of the Steering Committee of DHASH

The Steering Committee of DHASH is a body that makes collegial decisions and does not perform administrative activities. It does not work permanently while exercising its functions. The Disciplinary Committee is called by the chairman of DHASH whenever he deems it necessary, as well as by 1/3 of the members of this Committee when they deem it necessary, but in any case not less than once every three months. The members of the Disciplinary Committee are notified of the next meeting through an electronic notification from the DHASH administration.

The notification for participation in the meeting of the members of the Board of Directors is made no later than 10 days before the day of the meeting. Attendance at the meeting is mandatory.

Article 22
The necessary quorum for the meeting of the Steering Committee of DHASH

The meeting of the Steering Committee necessarily requires the participation of not less than 50 percent plus one of the members elected to it. If the necessary quorum is not met, the meeting takes place after one week at the same time and if this quorum is not met again, the meeting takes place in the presence of the present members, adding to the agenda the measures to be taken against the members causes of such a situation.

Article 23
Making decisions

 The meeting of the Steering Committee is chaired by the Chairman of DHASH and in his absence by the Deputy Chairman. The agenda is presented by the President and then the usual procedures are followed.

Decisions are made by voting, which will be decided by the Steering Committee itself whether it will be an open vote or a secret vote, as the case may be. The method of voting is determined by open voting, and for the approval of the proposal, 50 percent plus 1 of the votes of the members present at the meeting are needed.

The Steering Committee of DHASH can make decisions according to the powers defined in Article 28, point 2 of Law 55/2018 "On the profession of lawyer in the Republic of Albania".

The procedure for the execution of decisions is the same as that provided for in Article 19 of this Statute.

Article 24
Designation of the lists of lawyers mainly and those of legal aid

 The Steering Committee, at the end of each year, takes a decision on the initiation of procedures for

application of lawyers mainly for the mandatory defense, provided by article 49 of the Penal Code and forwards the decision to the DHASH administration. The same applies to the provision of free legal aid, provided by Article 9 of Law 111/2017 "On Legal Aid Guaranteed by the State".

The administrative staff by December 20 of the following year announces on the official website of DHASH in the form of a notice, a call for expressions of interest from lawyers who wish to be part of the lists of lawyers for secondary legal aid and for lawyers appointed primarily.

Within January 20 of each year, the Steering Committee approves the lists presented for this purpose and orders the administration to announce the approved lists on the official website and forward copies of them to any procedural or judicial body.

In case of non-expression of interest by the lawyers, the Steering Committee of DHASH assigns the above lists according to the local bar chambers.

The modalities, the form of application and the way of regulation of the service are determined in the internal regulation of the operation of DHASH.

Article 25
The Chairman and Deputy Chairman of the Bar Association of Albania.

The President of the Chamber of Advocates of Albania is its highest representative authority. He is elected by the General Council of DHASH and has a 4-year term with the right to repeat for another four years. During the exercise of his mandate, he simultaneously performs the function of the chairman of the General Council and the chairman of the Steering Committee. The exercise of duties by the chairman is done against payment.

The chairman's mandate expires on the day when 4 years have passed since his election. The chairman remains in office until the moment of replacement by the new chairman elected according to the law and the provisions of this Statute.

The premature termination of the chairman's mandate is done in cases where:

1. Resign;
2. During the exercise of the function, illegality is found in fulfilling any of the criteria for the exercise of the lawyer's profession;
3. Loses the ability to act;
4. It is discharged according to the provisions of this statute;
5. When for more than 6 continuous months he is unable to exercise this function. The determination of the impossibility to exercise the function is made by the General Council.

The post of the deputy chairman originates due to the duty and is equal to that of the Chairman of the Tirana Local Chamber of Advocacy, resulting from the latter's elections. His powers are those of the President, in the case when the seat remains vacant due to the premature termination of the mandate of the President according to this article or by delegation of certain powers by the latter.

Article 26

Criteria for candidacy for President of the Chamber of Advocates of Albania.

Any lawyer who meets the following conditions can be elected President of the Chamber of Advocates of Albania:

1. To have high moral and professional integrity;
2. To have at least 15 years of experience in practicing law;
3. Not to have administrative measures taken against him;
4. To possess management skills and to have continuous and understandable communication with the community of lawyers;
5. To have contributed to the activity of the Chamber of Advocates of Albania.

Election of the President of the Chamber of Advocates of Albania.

Article 27
The election of the President of the Chamber of Advocates of Albania takes place through an election process, in the framework of the general elections of the bar. Candidates for the president of DHASH must express their interest in running at least 30 days before the day of organizing the election process for this purpose.

The person who wants to run for president must necessarily come from the ranks of the General Council of the Chamber of Advocates after the last election process.

The expression of interest to run for the post of chairman is made in writing and submitted to the Electoral Commission of the Bar. Along with the application, the candidate must submit:

– A short program about his vision to run for this high office;

– personal CV of the candidate;

- Photocopies of Degrees or Scientific Titles he has;

- The certificate he possesses and through which he proves that he meets the special criteria provided for in Article 24 of this statute;

- Any document or other material that he thinks he can use in the function of his program. 

The process for the election of the president of the Chamber of Advocates of Albania.

Article 28
The electoral process for electing the president of DHASH takes place without debate and, as a rule, takes place with no less than one candidacy.

The Electoral Commission, on the basis of the submitted candidacies, verifies them and if it finds them in accordance with the criteria defined in Article 27 and 28 of this Statute, draws up the list of candidates for the chairman of DHASH.

On the basis of this list drawn up according to the alphabetical order of the candidates, the Electoral Commission produces the ballots for the Chairman of DHASH. The format of the ballot paper will be determined in the voting regulations that are drawn up during the organization of the election process.

In case of candidacy by only one person, the 30-day time limit can be reduced up to 5 days before the start of the voting process. In the event that even after this deadline there are no candidates who express interest in the post of chairman, the Electoral Commission of the Bar decides to present the sole candidacy to the General Council of DHASH. In case no candidate appears, the process is repeated from the beginning. 

The election process for the president of DHASH is always done by secret ballot. The winning candidate must have received 50 percent plus one of the votes of the General Council membership, regardless of the number of candidates.

Dismissal of the president of the Chamber of Advocates of Albania.

Article 29

 The dismissal of the president of the Chamber of Advocates of Albania is done by the General Council of DHASH, in cases where:

1. Condemned by a final criminal decision;
2. Performs actions that openly contradict the legal provisions as well as the decisions of the General Council and the Steering Committee of the Chamber of Advocates of Albania;

The initiative to propose the dismissal of the chairman for the above cases is taken by 1/3 of the members of the General Council or by decision of the Steering Committee.

Taking the dismissal decision in the case provided for by point 2 of this article is done by secret ballot, and for his dismissal, 2/3 of the votes of the membership of the General Council are needed.

For the cases provided in points 1 and 3, dismissal is done automatically on the basis of a final court decision.

The rights of the President of the Chamber of Advocates of Albania.

Article 30

The President of the Chamber of Advocates of Albania, in addition to the powers granted by the law, has the following rights:

1. To represent the subject before any public or private body, as well as before judicial or procedural bodies operating in the territory of the Republic of Albania.
2. To draw up national or regional policies regarding the exercise of the lawyer's profession and to request cooperation from the state bodies in order to create a legal ground as normal as possible, in order to ensure guarantees in the exercise of the lawyer's profession.
3. To act in the direction of ensuring relations of mutual cooperation with organizations that operate in the field of justice, inside or outside the Republic of Albania.
4. To organize reception ceremonies for foreign sister delegations;
5. To represent the Chamber of Advocacy of Albania before international organizations in the framework of the integration of the Albanian legal profession in European structures;
6. To issue acts in function of the internal organization of the administration;

Duties of the President of the Chamber of Advocates of Albania.

Article 31

The President of the Chamber of Advocates of Albania is obliged to:

1. To respect the powers given by the law in relation to the smooth running of the work of the governing bodies and to report periodically before these bodies in relation to the problems raised by the membership of practicing lawyers;
2. To exercise the right to represent lawyers before all state and judicial and procedural bodies, in order to create fair and legal relations between them and practicing lawyers;
3. To use all the authority given by the post in order to involve the community of lawyers in contributing to the process of drafting laws;
4. To create cooperation relations with every institution of justice to give the lawyer a factorial role in this field;
5. To maintain fair relations with all lawyers who operate inside and outside the territory of the Republic of Albania and to give answers to all the problems raised by them;
6. To authorize persons with professional competence to enable the solution of the problems posed by the exercise of the profession by lawyers;
7. Periodically schedule working meetings with special groups of lawyers, especially with young lawyers, to encourage and help them to integrate into the legal profession; 
8. To draw up the control strategy against practicing lawyers and related to their suspicious financial transactions and those of the clients they represent, as the responsible person of the supervisory authority tasked by the law for the prevention of money laundering and terrorist financing.
9. To exercise the powers of the governing bodies at the level of the internal organization of the legal profession;
10. To draft employment policies related to the creation of legal labor relations of administrative staff within the legal framework provided by the legislation of the field. 

CHAPTER II

Local Bar Association

Article 32

The local Chamber of Advocacy is the basic unit of the internal organization of the Chamber of Advocacy of Albania and consists of the membership of all lawyers registered in it. The legal personality of the local bar association is exercised through the Bar Association of Albania.

The local bar consists of active lawyers and passive lawyers.

Active lawyers are lawyers who are practicing their profession and meet all the criteria defined in Article 14 of Law no. 55/2018.

Passive lawyers are those lawyers who cannot practice the profession for legal reasons.

Article 33

Local Bar Chambers exercise their powers within the territorial unit where they operate. As a rule, as far as possible, the territorial scope is drawn up on the basis of the territorial jurisdiction of the action of the courts of first instance.

The composition of the local bar chambers is based on the number of lawyers registered in these chambers and who practice their profession before the courts and prosecutors according to the territorial division where the local chamber has its jurisdiction. Where the number of lawyers is small and does not create the possibility of creating a local bar, two or more territorial units can be merged into a single local bar, regardless of the judicial jurisdiction of the courts where the lawyers practice.

There are thirteen local chambers of advocates operating in the territory of the Republic of Albania. This number can be changed by decision of the General Council mainly or by proposal of 1/3 of its members.

Governing bodies of the local bar association

Article 34

General Meeting of the Local Chamber of Advocacy

The governing bodies of the local bar association are those defined in Article 31 of Law No. 55/2018 "On the profession of lawyer in the Republic of Albania".

The meeting of the Local Chamber of Advocacy is the highest decision-making body. All active and passive members of the local chamber take part in it. Only active lawyers exercise the right to elect the governing bodies of the local chamber.

The meeting of the Local Chamber of Advocacy has the powers to elect its governing bodies. The organization of elections, the method of voting and the choice of bodies resulting from it are dealt with in articles 42 to 48 of this Statute.

The General Meeting of the Local Chamber of Advocacy is called by the president of the local chamber whenever he deems it reasonable, or at the request of 1/3 of the members of the local chamber, when they deem such a thing necessary. With the exception of its periodic meeting, the General Meeting of the Local Chamber of Advocacy is obliged to convene in the event of the organization of the elections of the Advocacy when notified by the governing bodies of DHASH.

Article 35

Steering Committee of the Local Bar Association

The Steering Committee of the Local Chamber of Advocacy is a body elected by the General Meeting of the local Chamber of Advocacy, through a voting process.

The number of members of this Committee is determined based on the number of members of the local bar association, but in any case this number cannot be less than three members and not more than seven members.

An exception to the above rule is made by the Tirana Local Chamber of Advocacy, where the number of members of the Steering Committee is determined based on the ratio of one Committee member for every 50 members registered with DHASH.

The General Council of DHASH can decide to change the above coefficients based on the proposal of 1/3 of the membership of this Council.

The president and secretary of the local bar association are members of this Steering Committee due to their function.

The member of the Steering Committee whose mandate is terminated according to the law and Article 48 of this Statute is replaced by the next candidate from the announced list of winners of the Steering Committee.

Article 36

President of the Local Chamber of Advocacy

The President of the Local Chamber of Advocacy is elected by the General Meeting of the local Chamber of Advocacy, through the voting process, according to the provisions of Article 43 and 44 of this Statute.

His mandate is 4 years, with the right to re-election only once. The termination of the mandate takes place in the cases and according to the procedures for the dismissal of the chairman of DHASH, provided for in Article 29 of this Statute. The dismissal of the president of the Local Chamber of Advocacy by the local bodies is submitted to the Steering Committee of the Chamber of Advocacy of Albania for final approval. The latter approves or disapproves the decision of the local bodies. Against the decision of the Steering Committee of DHASH, an appeal is allowed in the administrative court of Tirana, within the deadlines provided in the Civil Code.

The president of the local bar association has the following powers:

1. Issue acts of a local nature related to the respect of the internal rules of operation of the local chamber;
2. Calls the General Meeting of the Local Chamber whenever he sees fit;
3. Presents to the membership of the local chamber the decisions taken by the General Council and the objectives that the local chamber has for the achievement of these objectives, whenever such a thing is necessary;
4. Submits to the competent bodies of DHASH any problem raised for resolution by the membership of the local chamber;
5. Takes organizational measures for the control and acceptance of the necessary documentation for assistant lawyers and issues the relevant certification based on the law on advocacy;
6. Organizes awareness campaigns regarding the expression of interest by lawyers who are members of the local chamber, to apply for free legal aid and mandatory protection;
7. Reports before the competent bodies of the Chamber of Advocacy regarding the ascertainment of suspicious financial transactions of the members of the local chamber in his jurisdiction.

Article 37

Secretary of the Local Bar Association

The Secretary of the Local Chamber is elected by the General Meeting of the Local Chamber of Advocacy, through the voting process, according to the provisions of Article 43 and 44 of this Statute.

His mandate is 4 years with the right to repeat it only once and the termination of the mandate is done in the cases and according to the procedures of dismissal of the chairman, provided in article 47 of this Statute.

The secretary of the local bar association has the following powers:

1. Organizes and prepares the conditions for calling the General Meeting and takes all measures to ensure the participation of the membership of the local chamber, referring to the order of the chairman of the chamber for this purpose;
2. Organizes the work for the appointment of free legal aid lawyers, respecting the principle of rotation, based on the lists compiled by the Chamber of Advocates of Albania;
3. Draws up lists of lawyers mainly for the provision of legal services in case of necessary defense. The lists are drawn up based on the application of lawyers according to the forms approved by DHASH;
4. Creates the register of active, passive lawyers and assistant lawyers, according to the requirements of the law for this purpose;
5. Takes all organizational measures to ensure participation and facilities for the development of activities of a training nature or any other form; 
6. Together with the president and the Chamber of Advocacy of Albania, he guarantees the taking of measures and ensuring the conditions for the organization of the elections of the lawyer within the jurisdiction of the local chamber.

HEAD V

ORGANIZATION OF LAWYER ELECTIONS

Article 38

General

The governing bodies of the bar are elected through an election process which is organized every 4 years, under the full guidance and monitoring of the Chamber of Bars of Albania.

The mandate of the elected bodies ends in the fourth year and the date on which these bodies were elected. The representatives of the elected bodies remain in office until the day of the election of the new representatives and during this period they exercise the same powers as if they were within their regular mandate.

The electoral process

Article 39

The election process of the lawyer is organized by decision of the General Council of DHASH. Not later than 6 months before the end of his mandate, the General Council announces the organization of the next elections.

In the decision to announce the elections, the day of the start and end of the elections, the order of the election of the governing bodies at the national and local level, as well as the criteria for the candidacy of the representatives for these bodies must be determined.

At the same time, the decision determines the number of members of the Steering Committee for each of the local chambers, the number of its representatives to the General Council of DHASH as well as the number of the General Council of DHASH.

Article 40

The electoral process of the bar begins with the organization of elections at the rank of local bar chambers, according to the calendar drawn up by DHASH and approved by its General Council.

As a rule, the calendar is drawn up by planning the beginning of the election process from the local chambers with the smallest composition of membership and until their conclusion, with the elections in the Tirana Bar Chamber.

On the basis of the decision for this purpose, the administrative staff of DHASH takes all the organizational and electoral infrastructure measures, in order to ensure the smooth running of the process in each local bar chamber.

The organizational measures include all activities for the provision of premises, the creation and announcement of electoral lists, the provision of the electoral material basis, the drafting and production of ballot papers, as well as the preparation of relevant minutes and decisions related to the documentation of the electoral process.

Elections of local bar chambers

Article 41

Drafting of electoral lists

The electoral lists are prepared by the administrative staff of DHASH in cooperation with the elected bodies of the local chamber and are published on the official website of DHASH and in visible premises near the courts where the local bar chamber operates. The publication of voter lists is done no later than 20 days after the development of the electoral process.

Members of the local bar chambers who meet the criteria for participation in voting and do not appear in the election lists, have the right to contact DHASH in person or electronically, where they will receive the relevant clarifications. Based on the complaints of the local chamber membership, the published lists can be changed in case of change of criteria to be part of these lists, up to 24 hours before the voting process.

Only lawyers who meet the criteria for exercising the profession of lawyer, provided for in Article 35 of this Statute, are included in the voting lists.

Organization of elections

Article 42

The meeting of the Local Chamber of Advocacy organized on the occasion of the elections has only voting on its agenda. The election process is carried out without debate. The right to run for the governing bodies of the local bar association has every member of this association who meets the criteria defined in article 14 of the law as well as in article 34 of the Statute.

At the moment of the announcement of the date for the conduct of the local bar elections, every lawyer has the right to submit his candidacy according to his preference, for the governing bodies of the local chamber. The deadline for running for these bodies is no later than 48 hours before the elections. A candidate cannot run simultaneously for president and secretary of the local chamber.

The number of candidates for each governing body is determined by the governing bodies of DHASH, always respecting the criteria defined in Article 45 of this Statute.

Article 43

Before the voting process for the governing bodies of the chamber begins, the election organizers orient the process first for the election of the Voting Commission, which must consist of three to seven members, in relation to the number of the chamber's membership. For chambers with up to 50 members registered in the voting lists, the number of members of the voting committee is 3 members. When the number of members in the voting lists is between 50 and 100 members, the commission consists of 5 members and when the number of voters is greater than 100 members, the voting commission consists of 7 members.

Once constituted, the electoral commission of the local chamber is made available to all the documentation prepared for the progress of the electoral process and then it continues with the voting process.

The voting process takes place in two rounds, the first round, the election of the president and secretary of the local chamber and the second round, the election of the Steering Committee of the local chamber and its representatives to the General Council of DHASH.

Article 44

The voting process in the first round for chairman and secretary takes place at the same time on two different ballots, distinct from each other. The ballots, after being filled in by the lawyers invited to vote according to the order of the voters, are thrown into two separate boxes for each body.

The Chairman and Secretary elected by the election process are automatically members of the Steering Committee of the local bar association.

After the voting process for these two bodies ends and the winners from the first round are announced, the second round of voting takes place, for members of the Steering Committee as well as representatives of the local chamber for the General Council. Candidates who did not win in the voting process for president and secretary have the right to run for member of the Steering Committee of the local bar association as well as representative of the local bar in the General Council of DHASH.

Article 45

Election of representatives of the local chamber in KP of DHASH

The election process in each local chamber includes the election of its representatives to

The General Council of DHASH. The president of the local bar association emerging from the next election process is automatically a member of the General Council by virtue of office. The secretary of the local chamber cannot run for election as a representative of this chamber in the General Council of DHASH.

The number of representatives to the General Council that will emerge from the election process is determined by the decision of the General Council and in fair relations with the number of members for each local bar association.

The number of representative members of the local bar chambers to the General Council cannot be less than two and greater than seven. As a rule, for every 30 lawyers, one representative is elected to the General Council.

An exception to the above rules is made only for the Tirana local bar association.

Article 46

Selection of representatives of local chambers in the KP of DHASH

The General Council has a fixed number of 87 members, who are elected as follows:

- 50 percent plus one of the members are elected by the local Tirana Bar Association;

– The rest is elected by the membership of other local chambers, according to the criteria defined in article 14 and 46 of this Statute.

The president of the Chamber of Advocates of Albania and its deputy president are members of the KP by virtue of their duties.

Article 47

Mandate of elected representatives in governing bodies

The elected representatives in the governing bodies of DHASH and the local chambers of the bar expire 4 years after the day they won this mandate.

The members of the governing bodies whose mandate has ended remain in office until they are replaced by newly elected members. During this transitional period, the bodies whose mandate has ended do not have the right to make decisions, but only perform organizational functions.

The mandate of elected representatives ends prematurely in the following cases:

– With resignation;

– In case of death;

- When, during the training period, situations arise which are incompatible with the exercise of the lawyer's profession;

- When dismissed by the decision of the competent bodies according to the provisions in this Statute.

In case of early termination of the mandate of the elected members in the case of governing bodies, the vacant seat is replaced by the next non-winning person on the results announcement list. In the case of the president and the secretary of the local chamber, new elections are organized within 30 days from the moment the vacancy is established.

CHAPTER VI

PRACTICE OF LAWYER'S PROFESSION

Article 48

Earning the title of lawyer

All those subjects who meet the conditions defined in Article 13 of the law have the right to obtain the title of lawyer. The case of limitations provided by this provision according to point 2, letter "d", paragraph "ii" and "iii" of the Law on Advocacy, includes all those persons who have committed the criminal offenses as follows:

1. For all criminal offenses provided for in point 1, letter "ç" paragraph "i" of the law, with the exception of those offenses committed negligently and which have not been rehabilitated, which are classified as administrative misdemeanors and:

- They were given alternative sentences of imprisonment according to the provisions of articles 58, 59, 59/a, 60 and 60/a of the Criminal Code, with the exception of persons who violate the conditions and obligations during the probationary period, provided by article 62 of the Criminal Code

– The decision given to the person determines a prison sentence of no more than 15 months.

1. The circle of criminal acts committed intentionally, which, even though they have been rehabilitated, violate the image and integrity of the lawyer, as follows:

– Criminal offenses provided for by Chapter II, Section VI of the Criminal Code, Sexual Crimes, especially those defined in Article 100, 101, 103, 104, 106, 107/a and 108 of this Code;

- Offenses provided by Article 128/bi of the Criminal Code, trafficking of minors;

- Offenses provided by Chapter VII of the Criminal Code, Offenses with Terrorist Intent, especially Articles 230, 230/a, 230/b, 231, 234/a, 234/b and 287.

Article 49

Pursuant to the letter "e" of point 2 of article 13 of the Law on Advocacy, the deadlines for the termination of the disciplinary measure against persons who apply to obtain the title of lawyer are as follows:

1. For judges and prosecutors, who, by a final decision, are found not to pass the vetting process, due to the evaluation of assets and control of the image, the deadline for extinguishing the disciplinary measure is 5 years. If the dismissal is due to professional evaluation, the above deadline is not applicable.
2. For civil servants who have exercised duties that coincide with the status of civil servants, this deadline is the one defined in the law on the status of civil servants, with the condition that disciplinary measures have been taken for violations of ethics in relations with colleagues, subordinates and superiors . In the case when the disciplinary measure is related to the lack of professional skills or evaluation of the results in the exercise of the duty, this deadline does not apply.
3. For other persons to whom, together with the criminal decision, a supplementary decision has been applied to ban the exercise of the profession and the qualification of the criminal offense in his charge is within the criteria defined in Article 48 of this statute, the end of the term according to the supplementary decision is simultaneously also the moment when the person has the right to apply for the title of "Lawyer".

Article 50

The subjects included in the above article, at the time of application for registration with DHASH, have the legal obligation to self-declare regarding the disciplinary measures at their charge. The declaration for this purpose is mandatory to be completed even for lawyers who, due to legal incompatibility for practicing the profession, change their status from passive to active lawyer. The statement on disciplinary measures is part of the individual documentation and becomes part of the personal file of the candidate or lawyer.

In case of false declaration, the above entities are subject to disciplinary proceedings. In taking the disciplinary measure against them, the circumstances that forced the subject to make a false declaration must be evaluated and the measure must be taken proportionally and in accordance with the categorizations defined in Article 49 of the Statute.

Article 51

Bar exam

The bar exam is a necessary condition for obtaining the title of lawyer. It takes place twice a year and the period from the previous exam to the next one cannot be less than 6 months. The dates of the exam are set by the DHASH Steering Committee at the beginning of each year.

The exam is organized in a single day and is conducted in writing. The examination theses are drawn up by the Examination Committee, set up according to Article 21, point 3 of the law, and contain theoretical and practical questions.

Detailed rules for the organization, development and announcement of exam results, as well as the exemption from the obligation to take the exam, are reflected in the Bar Exam Regulations.

Article 52

Registration for participation in the exam

The registration of the lawyer candidate for participation in the exam is carried out with his individual presentation or through a representative near the premises of the DHASH administration. Along with the personal documentation, the candidate also pays the registration fee, which is non-refundable, regardless of whether the candidate is declared the winner or not, except in the event that he/she refuses to participate in the exam.

Not earlier than 24 hours before the exam, the administrative staff suspends the registrations for this purpose and proceeds with the drafting of the relevant lists for the participation of the candidates in the exam. In order to guarantee a regular and monitorable process, the drafting of the lists is done in relation to the number of registered candidates given the capacity of the premises where the exam will take place.

The lists compiled as above are made available to the examination commission, which in turn submits them to the monitoring commissioners for the identification of the participants.

Article 53

Exemption from the obligation to participate in the exam

Exemption from the obligation to participate in the exam for the categories cited in Article 22, point 1 of the law is based on the request of the candidate who claims such a thing. The request is submitted to the administrative staff of DHASH, which passes it on to its Steering Committee for competence. The latter, after verifying whether the requirements stipulated in the law have been respected, votes or not to exempt the candidate from the obligation to participate in the bar exam.

In compliance with the criteria provided by the law for this purpose, the candidate must:

1. Have at least 20 years of professional experience in the field of justice;
2. Have special qualifications in the country or abroad and possess the scientific degree of Associate Professor or Doctoral Professor in the field of jurisprudence. In this case, the professional experience defined in point a of this article is limited to no less than 15 years.
3. To be part of the academic staff as an internal lecturer at the law faculties of public universities for a period of not less than 5 years.

Article 54

Voting for Exemption from the obligation to participate in the exam

Voting on the request for exemption from the obligation to take the exam is done in secret by the Steering Committee of the Bar Association of Albania. The request is approved if 50 percent plus one of the total number of members of the Steering Committee voted in favor of the request for approval.

The candidate declared winner according to the above procedure is automatically exempted from the obligation to complete the lawyer candidate internship and initial training at the School of Advocacy and, within 30 days from the day of voting, is obliged to fulfill other obligations according to the provisions of Article 13 of the law.

Article 55

Exemption from the law candidate's internship obligation

In the case of the request for exemption from the internship of the lawyer candidate and the obligation to follow the initial training program at the School of Advocacy of Albania, the candidates who have the right according to the provisions of article 22, point 2 of the Law on Advocacy in RSH must submit complete documentation, to prove the professional experience in the functions cited in the law as well as the legal term defined in it.

The necessary documentation for this purpose must contain:

1. Act of appointment;
2. Certification from the competent body showing that the person has exercised the duty defined in the law for a period of 5 years and in an uninterrupted manner. Transfers from one institution to another for the purpose of calculating the 5-year term are considered as fulfilled criteria only if two or more of the tasks performed are in accordance with the functions defined by the law;
3. In the case of the request for the dismissal of judges or prosecutors, in addition to the mandate for the beginning of the exercise of duty, a certificate is also required from the KPK and KPA that they have not been suspended from duty due to the implementation of the law on the transitional re-evaluation of judges and prosecutors.

Once the above criteria are met, the candidate is exempted from the obligation to complete the candidate's internship and initial training at SHASH and is registered to participate in the bar exam.

Article 56

Internship of the lawyer candidate

The internship of the lawyer candidate is a legal obligation provided by Article 20 of the law. In accordance with the legal requirement provided for in point 9 of this article, the candidate for lawyer must submit the following documentation at the time of application for registration at the DHASH:

1. Notarized photocopies of the diploma at the scientific master's or professional master's level, issued by the law faculty of public or private universities within the country accredited by the Ministry of Education and Science in RSH.
2. Notarized photocopies of the certification for the degree obtained from law faculties of foreign universities, equivalent to the scientific master's or professional master's level, for students graduated abroad.
3. Certification from the lawyer where he completed the lawyer's internship, in which his positive evaluation is also reflected;
4. Certification from the local bar association approving the completion of the internship by the lawyer candidate;
5. Application for registration for assistant lawyer accompanied by photocopies of the personal ID card;
6. Certificate of judicial status of the candidate;
7. Certification from the court and the district prosecutor's office certifying that no criminal proceedings have been registered or completed against the candidate.
8. Certificate of civil status in case of data inconsistency in the presented documents, due to changes that may have occurred in the person's identity;
9. Document size photo.

Article 57

The right to exercise the profession of lawyer

The profession of lawyer in the Republic of Albania can be exercised by any Albanian citizen or foreigner who meets the criteria defined in article 14 and 23 of law no. 55/2018 "On the profession of lawyer in the Republic of Albania".

In order to enable the identification of lawyers who are in the conditions of practicing the profession during the practice year, at the beginning of each year, the administration of DHASH, at the moment of equipping the lawyer with the annual permit to practice the profession, reflects in the register of active lawyers all the data in relation to the identity and criteria defined in Article 14 of the law. For this purpose, lawyers are obliged to fill in the declaration form of this updated data in relation to their declaration in the previous year.

The form and modalities of the form are part of the annex to this Statute. (In the Miscellaneous Forms section)

Article 58

Equipment with the permit to exercise the profession

The permit to practice the profession is an official document that contains personal data according to the provisions of Article 14/1/a of Law 55/2018. The lawyer must be provided with this document by January 31 of the exercise year. The deadline for using the permit to practice the profession is until January 31 of the following year.

At the time of being issued with the annual permit to practice the profession, the lawyer has the legal obligation to declare the changes that have occurred in his personal data, declared according to the standard form. The changes stated above serve to update the register of lawyers active in the Republic of Albania.

Part of the lawyer's declaration is also the lawyer's relations with the tax authorities, regarding his registration with these authorities.

The declaration of false data constitutes a cause for the initiation of disciplinary proceedings mainly or on the basis of a report by the entities that the law provides for.

Article 59

Organization of Lawyers

Lawyers practice their profession individually as a natural person or organized in the form of a law firm.

Article 60

Physical persons

Every lawyer has the right to exercise his profession in the form of a natural person and in this case he is obliged to register with the tax authority according to the procedures defined in the relevant legislation and that of the creation of labor relations. Lawyer A natural person may employ other lawyers, who operate in his name and on his account, on the basis of compliance with employment and tax legislation. In any case, lawyers employed by natural persons have the obligation to obtain an individual annual permit to practice the profession of lawyer and represent clients before judicial, procedural or state bodies through representation with authorization from the subject's representative, with the exception of the case when the employment contract indicates that the subject's employment is not related to practicing the profession of lawyer.

Article 61

Law Firm

One or more lawyers have the right to establish a law firm. The legal form of the studio is determined by its founders and in accordance with legal procedures. Before registering the studio with the tax authorities, the founders are obliged to submit the charter of establishment for approval by the DHASH Steering Committee.

The statute for the establishment of the law firm must respect some basic criteria, such as:

- To clearly define the identity of the founding lawyers, who must necessarily be active in the practice of their profession at the time of filing the request;

- To express their will and the relevant parts in the act of establishment;

- The name of the law firm must necessarily contain the surname of one or all of the founding lawyers, accompanied by the name "Law Firm" before or after. The designation "Law Firm" can also be written in a foreign language.

- The creation of law firms with founding partners who are lawyers and non-lawyers, according to the definition of Article 15/4 of the law, can only be done if the latter own no more than 25 percent of the founding capital.

- To respect the legal requirements provided in the law "On merchants and commercial companies" as well as the legislation in force;

Article 62

Law Firm Approval

After completing the documentation according to the above criteria, the request for the establishment of the law firm is filed with the Chamber of Advocacy of Albania, which submits it to the Steering Committee of this Chamber for approval. Within 15 days from the day of submission, the Steering Committee has the obligation to examine the request and approve it or return it to fill in the defects that can be ascertained. Approval and rejection are made by decision of the Steering Committee and signed by the President of DHASH.

The latter, in the case of the resubmission of the documentation returned due to the identified deficiencies, after verifying the completion of these deficiencies, approves the establishment of the law firm by signing the relevant decision for this purpose.

The form and content of the decision approving and rejecting the request for the establishment of the law firm are part of the annex to this Statute.

Article 63

Conflict of Interest

The lawyer, during the exercise of the legal service, must ensure that there is no conflict of interest between him and the client he represents.

The conflict of interest in the case of providing legal services by the lawyer, apart from the cases provided for in Article 9 of the law, is also established in the following cases:

1. When the lawyer has been a mediator of the parties in a civil conflict for the resolution of a dispute with their free will through the legal process of mediation, the case has gone to the court process for the resolution of the dispute and the lawyer is a representative of one of the parties in this process;
2. When it is proven that the lawyer has provided legal advice to the opposing party in relation to that litigation;
3. When the lawyer has cooperated with the opposing party's lawyer in any form related to the subject of trial.

Article 64

Termination of advocacy services by the attorney

The lawyer has the right to terminate the legal service to his client whenever he considers that the climate for providing such a service has deteriorated to the point of exasperating the relationship between them and the continuation of further cooperation may negatively affect the case he represents. .

In this case, the lawyer must notify the client of the decision made and has the legal obligation to continue the service until 15 days after the notification. The notification is made in writing and through it he must tell the client the reasons for the termination of the lawyer's service, at what stage of development is the case represented by him and the possibilities for solving the case. At the same time, during the 15-day period, he must deliver to his client all the documentation received or secured in exercise of the fees given by the client and on his behalf.

The termination of the lawyer's service by the lawyer may constitute a reason for the initiation of disciplinary proceedings against him by the client, for the conflict that may arise. The Disciplinary Committee of DHASH is the competent body that assesses whether the termination of service was made for reasonable or unreasonable reasons. In case it is established that the termination of the service was done for unreasonable reasons, the Disciplinary Committee can issue a decision regarding the necessary measures to resolve the conflict in administrative ways.

Article 65

Reasonable and unreasonable causes

1. Reasonable reasons for the unilateral termination of the lawyer's service by the lawyer will be considered:

1. The lawyer proves that his health condition has deteriorated during the period of providing service to his client;
2. The Disciplinary Committee has taken the disciplinary measure of suspension of practicing the profession against the lawyer, regardless of the fact of appealing this decision before the court, except for the case when the court has taken the insurance measure of suspension of the Disciplinary Committee's decision;
3. Any legal obstacle that is clearly foreseen by the Albanian legislation and that conflicts with the continuation of the lawyer's service;
4. When the lawyer proves that circumstances of mutual mistrust have been created between him and the client he represents, which make it impossible to continue the legal service.

The measure of the lawyer's benefit for the service provided up to the moment of the justified interruption by the lawyer is calculated on the basis of the volume of the service performed in relation to the total of the promised service. When the parties agree on the amount of compensation for the case in question, the Disciplinary Committee accepts the attorney-client agreement for this purpose.

2. Irrational causes are those which are not included in the group defined in point 1 of this article and which are related to the negligence or lack of will for further continuation of the representation or service on the part of the lawyer. In such a case, the lawyer is obliged to return the entire amount received in the form of an advance, and if he did not benefit in the form of an advance, he does not have the right to request remuneration in any other form provided by law.

3. Discontinuation of the legal service by the lawyer, regardless of whether it is done for reasonable reasons or not, in any case brings the consequences of extinguishing the executive title of the lawyer-client agreement, according to the provisions of Article 16/1/a of the law.

4. In the cases dealt with in points 1 and 2 of this article, the lawyer, along with the premature termination of the legal service, is obliged to hand over to the client all the documentation contained in the legal service file, regardless of whether these documents were delivered at the time of the start of this service or were provided during the exercise in addition to the representation fees by proxy from the client's side.

Article 66

Termination of advocacy services by the client

Even in the case of termination of the lawyer's service by the client, in case of a complaint by the latter to the Disciplinary Committee of DHASH, it is this body that evaluates the reason for the termination, whether it is reasonable or not.

Reasonable cases of termination of the attorney-client agreement by the latter are considered:

– The client waives the judicial process;

- Legal conditions have been created which enable the solution of the problem in extrajudicial ways;

– The expected court decision, whether in favor or against, is no longer of interest to the client due to new circumstances created during the process;

- Any other legal cause that justifies the unilateral termination of the lawyer's service and that is related to the negative progress of the process due to insufficient representation of the case by the lawyer. In the group of legal causes provided for in this paragraph, the postponement of the process due to the absence of a lawyer, the suspension of the judicial process due to the lawyer's fault, the rejection of the lawsuit and the failure to present evidence in the judicial process by the lawyer, the passing of the deadlines procedural reasons for filing a lawsuit or appeal at the trial levels and other procedural reasons of this nature.

If the unilateral termination by the client is assessed for unjustified reasons, the lawyer has the right to keep the entire amount received in the form of an advance or any other form, while in relation to the execution of the agreement as an executive title it refers to the provisions of the legislation in force for the review of disputes according to the procedures of the Civil Code in the Republic of Albania.

Even in the case of termination of relations unilaterally by the client, regardless of disagreements regarding the remuneration or not of the lawyer's service, the lawyer must immediately submit the documentation according to the provisions of Article 66/4 of this Statute.

Article 67

Transfer of legal services to another lawyer

In case of unilateral termination of the advocacy service, the client in any case has the right to choose another lawyer for the representation of the advocacy service, as provided in Article 17, point 7 of the law.

In this case, the newly elected lawyer has the duty to verify the interrupted lawyer-client relationship. For this purpose, he is forced to establish contact with the previous lawyer, asking him for information about the termination of the service and the acts issued in connection with this termination, if any. Likewise, he must clarify with his client whether the obligations of the interrupted legal service have been fulfilled by him.

In view of the above purpose, the newly appointed lawyer may also request information from DHASH, regarding the possibility of the existence of any ongoing or completed administrative process between his client and the previous lawyer.

After receiving confirmation from the parties cited above, the newly appointed lawyer operates by creating new service relationships requested by the client regardless of the agreement with the previous lawyer.

Ignoring the above procedures in relation to the transfer of legal services from one lawyer to another constitutes grounds for disciplinary proceedings against the newly elected lawyer.

Article 68

Transfer of the activity of the lawyer

The lawyer practices his profession throughout the territory of the Republic of Albania, while he has a legal obligation to be a member of only one local bar association. He has the right to transfer his activity from one local bar chamber to another, according to the following rules:

1. To have previously received written approval for the transfer from the governing bodies of the local bar association where he practiced before the transfer;
2. To submit a written request to the local bar association that wants to exercise the activity;
3. The latter, within 15 days of receiving the request for transfer, approves the request in writing and notifies the lawyer for this purpose. Rejection of the request for transfer is made only if the lawyer requesting the transfer is in conflict with the criteria for practicing the profession of lawyer, provided by Article 14 of the Law on Advocacy and the requirements of this Statute;
4. Together with the transfer of the activity, the lawyer is obliged to transfer the headquarters of the central office of his business, according to the procedures provided in the legislation of the field regarding the registration of entities.

Article 69

Agreement as executive title

The agreement between the lawyer and the client constitutes an executory title. To fulfill the condition as such, it must be in writing in the form of an order contract. The validity of this order contract is determined by the signature of the parties.

The contract as a legal relationship must meet the following requirements as a minimum:

1. The object of the contract must be clearly defined and for each legal service by specifically articulating the limits of the performance of the order and its expectation;
2. The rights and obligations must be a separate part of the contract, where they are clearly defined in particular if there are legal obstacles, conflict of interest and determine the way of receiving and submitting the necessary documentation for the matter in question, providing the necessary assistance and communication with the client, maintaining confidentiality and guaranteeing the legal relationship from the intervention of third parties at every stage of the realization of the lawyer's service.
3. The remuneration of the lawyer for the service provided, specifying the representation at each stage of the trial, as well as the method of payment of the agreed remuneration.
4. The term of the contract, clearly defining the day of the start and end of the service.
5. Revocation or termination of the contract unilaterally as a criterion defined in the law and the resolution of disputes.

In terms of Article 16 of the law, the power of attorney, special or general, concluded before a notary, where the agreement of the parties is expressed, can be considered as an agreement.

Foreign lawyer

Article 70

Winning the title

A foreign citizen who wants to practice the profession of lawyer in the Republic of Albania must meet all the criteria provided in Article 13 of the law, together with the additional criterion of knowledge of the Albanian language. At the time of application, the foreign citizen, together with the documentation required by the law and the Statute, must submit a certificate of knowledge of the Albanian language issued by the linguistics department at the Faculty of History and Philology.

The bar exam committee has the right to, in addition to the legal obligation of this citizen to take the bar exam, also conduct an individual test regarding his communication and legal reasoning, if he deems it necessary.

Article 71

Title conversion

1. Any lawyer who has obtained the title in a member state of the European Union can apply for the title of lawyer in the Republic of Albania according to Article 23/5 of the Law on Advocacy. For this purpose, he must submit the following documentation:

1. Notarized copy of the cooperation contract between him and the law firm with jurisdiction in the Republic of Albania, according to the form provided in the annex of this Statute. A copy of this contract is deposited with DHASH at the time of its drafting.
2. Individual documentation that proves that during the last three years he has practiced the profession of lawyer at this law firm. Part of this documentation are:

– Notarized copy of the title "Lawyer" in the foreign country;

- Document from the law firm, which proves that the foreign lawyer has practiced the profession of lawyer in any form that the legislation of the field allows.

- Experience of representation or defense that this lawyer has exercised.

1. In case of fulfillment of the above criteria, the foreign lawyer is given the title "Lawyer" in the Republic of Albania, exempting him from the obligation of the criteria defined in Article 13 of Law no. 55/2018 "On the profession of lawyer in the Republic of Albania", with the exception of letter "f" of this article and related to the financial contribution that must be paid.

2. Excluded from the general rule for the conversion of the title are all those lawyers, who have acquired the title in one of the member states of the European Union, in which, under the conditions of reciprocity relations, procedures or other conditions more favorable for the union are provided of the foreign lawyer's title.

In such cases, analogous conditions of the EU member country are applied after it has been verified by DHASH that the criteria provided by article 13, point 2, letters "a", "b", "d" and "dh" of law no. 55/2018 "On the profession of lawyer in the Republic of Albania".

CHAPTER VII

ADVOCATE RECORDS

Article 72

Registration of advocacy services

The lawyer or law firm has the legal obligation to maintain and register the legal service it offers in the register created for this purpose. This register is deposited near the headquarters of the office or law firm and is made available to the representatives of the Chamber of Advocates of Albania at any time, according to the act presented by the latter, where the purpose of the control of the register is also defined.

Article 73

The form of the legal service register

The register of lawyers is kept in electronic or manual form. It is created in the form of columns, where in each column is written:

- Complete identity of the customer, data of birth and residence as well as contacts;

– Type of advocacy service, act of representation and type of agreement;

– The name of the body before which the advocacy service will be performed;

– The date of the start and end of the lawyer's service, as well as the reason for the termination;

– Tax invoice, the amount in local or foreign currency of the lawyer's service as well as the method of its liquidation.

The complete form and content of the register is presented in the annex to this Statute. (found in the forms in the DHKSH documents)

Article 74

Register of active lawyers

All lawyers who meet the following criteria are considered active lawyers in the Republic of Albania:

1. To have earned the title of lawyer according to the provisions of Article 13 of the law;
2. To be equipped with the annual permit to practice the profession of lawyer according to Article 14 of the law;
3. Be registered with the tax authority and have the subject's personal Unique Identification Number (NUIS), regardless of its form;
4. To have fulfilled the legal obligation regarding continuing training, within the program developed by the Chamber of Advocates of Albania for this purpose and to have fulfilled the obligation of professional liability insurance.
5. When the lawyer is in a working relationship with private employers and wants to practice the profession of lawyer despite this fact. In such a case, he must submit the following documentation to DHASH:

1. The written agreement between him and the private employer, through which the employer expresses his approval regarding the right to exercise the profession by the employed lawyer, despite the fact that the object of the employment relationship is not the lawyer's service;

1. The extract from the CKB that certifies that the lawyer is registered with the tax authority.

Article 75

The form and content of the Register of active lawyers of DHASH

The register of active lawyers is created by the Bar Association of Albania in electronic or manual form. It contains the data provided for in Article 35, letter "d" of the law.

The data provided for in the Law on Advocacy in relation to the register of lawyers are obtained at the beginning of each year through the individual declaration of the lawyer, at the time of the equipment with the ID card of practicing the profession. For this purpose, DHASH draws up the lawyers' register form, which is mandatory for completion by every lawyer who is equipped with this document.

The basic register at the time of its creation is filled out on the basis of the data form, while the lawyer is obliged to declare them to the administrative staff of DHASH within 30 days of possible changes to the particular data reflected in this register, who in turn they change these data in the register of active lawyers.

Article 76

Administration of the Register of active lawyers of DHASH

The register of active lawyers is a document which is created and filed with the Chamber of Advocates of Albania on the basis of the individual declaration of the data defined in the law by the lawyer.

The maintenance, storage and archiving of the data of this register are strictly subject to the legislation in the field of personal data storage. Its use is made only for legal and internal functioning purposes by DHASH. In this sense, the personal data of the lawyers and reflected in this register are not made available to any entity or individual without first obtaining the written approval of the lawyer himself, except for cases determined by special law.

Judicial and procedural bodies, for the purpose of judicial and criminal investigation, can provide the data for specific lawyers according to the written request, filed by them with DHASH. Likewise, special public administration bodies can file requests for special lawyers, in accordance with the purpose of using this data on their part.

The register of active lawyers at DHASH is updated at the beginning of each year with the changes made for each lawyer, while the obligation to deposit possible changes in the lawyer's personal data during periods of the year is legal and carries individual consequences.

Article 77

Form, Content and Administration of the Register of passive lawyers of DHASH

The register of inactive lawyers of DHASH is a document which is drawn up for the purposes of evidence and identification of lawyers who cannot practice the profession for legal reasons.

The register of passive lawyers contains data according to the provisions of Article 35/4 of the Law on Advocacy.

The administration of the register of passive lawyers is done in the same way as the register of active lawyers, according to the provisions of Article 76 of the Statute.

Article 78

Transfer to the Register of passive lawyers of DHASH

The transfer to the Register of passive lawyers of the Republic of Albania is made for legal reasons and those mainly related to the incompatibility of practicing the profession of lawyer.

The transition from the active to the passive register takes place in the following cases:

2018. a) When the lawyer has legal incompatibility for practicing the profession, according to the provisions in Article 7 of Law no. 55/2018. In the case of establishing employment relations with a private entity and for this reason wants to acquire the status of a passive lawyer, he must submit to DHASH, together with the request for this purpose, the extract of the entity issued by the KKB, with which proves that the company where the lawyer is employed is subject to the payment of VAT. (Article 7/3 of the law)
2019. b) When the employment relationship between a private entity and a lawyer has as its object the performance of the duty of a lawyer for this entity. In this case, the lawyer must individually pay the financial obligations to DHASH for each exercise year, and perform the defense on behalf of the subject with whom he has established work relations. In this case, he does not have the obligation to be registered with the tax authority, and if he was registered, he must be deregistered.
2020. c) When the lawyer wants to stop practicing the profession of lawyer:

–          Due to illness. The lawyer must prove through the medical report that the illness has lasted for a period of no less than 3 months and continuously within the exercise year;

–          Due to maternity leave. The lawyer must submit the birth certificate to DHASH. In case the maternity leave period extends over two consecutive calendar years, the lawyer has the right to choose the year he wants to consider as a transition to passive status.

–          Due to temporary or permanent resignation of practicing the profession by the lawyer. For this reason, within the first quarter of the calendar year, the lawyer must submit a written request to the DHASH bodies where he must also indicate the reasons for resigning. The form and content of the request is determined by the General Council of DHASH and is presented in the annex to this Statute.

In the event of a request for the reactivation of the permit to practice the profession due to the resignation filed as above, the lawyer is obliged to pay an additional contribution of 50 percent higher than the annual fee he had to pay due to the normal practice of the profession.

–          Because of age. The lawyer does not have a legal obstacle for practicing the profession of lawyer because of his age. However, a lawyer who reaches the age of 70 has reasonable cause to transfer to the register of passive lawyers of his own accord.

Lawyers registered in the register of passive lawyers are not obliged to pay the fee for the license to practice the profession of lawyer.

Article 79

Local bar association records

Each local bar association has the obligation to file and administer the registers of lawyers practicing in its jurisdiction, according to the requirements of the law and Article 76 of this Statute. Even the register of lawyers of the local bar consists of the registers of active and passive lawyers in its jurisdiction.

The registers of the local bar association are drawn up by the Albanian Bar Association periodically and annually and are sent according to this definition to the local association, which in turn has the obligation to store and use the data according to the provisions of the legislation in the field of personal data storage.

The form and content of the registers of the local bar association are presented in the annex to this Statute.

Article 80

Register for Bar Candidates

The register for lawyer candidates is created and administered by the Bar Association of Albania and contains the data defined in Article 37 of Law no. 55/2018 "On Advocacy in the Republic of Albania".

This is also a register which is subject to the storage of personal data, according to the legislation of the field in the Republic of Albania and the provisions in Article 76 of the Statute. The same procedure as for the registers of lawyers provided for in Article 79 of this Statute are also applied in the case of the register for candidates for lawyers.

The form, content and modalities of the register of candidates for lawyers is presented in the annex of this Statute.

Article 81

Lawyer's Personal File

The lawyer's personal file is the set of personal and professional documentation filed by the lawyer applicant. This is also the subject of legislation in the field of personal data storage.

The purpose of completing the lawyer's personal file is for legal reasons. Through the documentation deposited in it, the fulfillment of the legal criteria to obtain the title and practice the profession of lawyer is proven, according to the provisions of Article 13 and 14 of Law no. 55/2018 "On the Lawyer Profession in the Republic of Albania".

At the same time, documents are archived in the personal file which prove the lawyer's CV and related to his legal and professional training.

Article 82

Verification of the documents of the lawyer's personal file

All documentation that constitutes the lawyer's personal file must clearly define the purpose why it was issued and must be written cleanly and without corrections. The documents, part of the documentation in the file, must be original or with a notarial deed, through which the unity with the original is proven.

In the event that during the completion of the lawyer's personal file doubts arise regarding the form of presentation of a document by a certain body, the representatives of the Chamber of Advocates of Albania may request from this body additional documents only in function of the purpose of the use of the document in question. The additional document is attached to the basic document and filed in the lawyer's personal file.

After it is considered complete from a legal point of view, the lawyer's personal file is deposited in the DHASH archive.

Article 83

Withdrawal of documents from the lawyer's personal file

The archived documentation according to the above procedure is kept intact and inalienable by DHASH, applying the rules defined in the field legislation for archives in the Republic of Albania.

The lawyer's file cannot be withdrawn by any other person, nor by the lawyer himself, except when authorized by special legislation, according to the written request of the representatives of the authorized bodies.

The lawyer has the right to withdraw specific documents from his personal file deposited with DHASH, provided that the document is returned within 48 hours. In this case, a record is kept of the representative of DHASH who manages the archive, who, in addition to describing the request for the requested document, submits the document by photocopying it beforehand, in order to verify the originality of the document at the time of return.

Every lawyer has the right to add to his personal file documents that he considers necessary to enrich his professional CV.

CHAPTER VIII

DISCIPLINARY PROCEDURE OF LAWYERS

                                                                  Article 84        

Purpose and Object of the Disciplinary Procedure

The Disciplinary Process is a necessary tool in the exercise of the lawyer's profession and has the main purpose of guaranteeing effective protection for both the lawyer and the client in the implementation of a mutual agreement of the lawyer's service.

The subjects of this process are only the lawyers and the persons related to them and whose object of examination is only the relations between them in the field of performing the lawyer's service.

The purpose of the disciplinary proceedings is to ensure the legal and necessary standards in practicing the profession of lawyer, as well as taking disciplinary measures against lawyers who seriously or repeatedly violate the provisions of the special law on the practice of the profession of lawyer, the statute and the Code lawyer's ethics, as well as CCBE directives and orientations.

Disciplinary committee, organization and operation

ARTICLE 85

The Disciplinary Committee of DHASH is a body of the Chamber of Advocates of Albania and acquires legal personality through the latter. The Disciplinary Committee is a collegial decision-making body and operates as a structure that depends on the General Council. He reports to the DHASH Steering Committee during the period between the next two meetings of the General Council and is obliged to report to the latter no less than once a year. In terms of making decisions, it acts as an independent structure and each of its members votes according to their own conviction.

ARTICLE 86

Remuneration of members of the Disciplinary Committee

The members of the Disciplinary Committee perform the functions assigned by law against remuneration. As a rule, the amount of remuneration is monthly and may change depending on the operation of the Committee, the cases examined or the change of circumstances and conditions that may arise during the operation. The remuneration of the chairman of the Disciplinary Committee is higher than that of the member of this committee.

The Steering Committee of DHASH, depending on the above criteria, has the right to determine the amount of remuneration of the Disciplinary Committee as well as the percentage increase of the Chairman of this Committee.

ARTICLE 87

Complaints Commissioner

1. The complaints commissioner is subject to the Steering Committee of the Bar Association of Albania. He is appointed by the Steering Committee of DHASH, with a secret vote of the members of this Committee. The candidate who wins more than half of the votes of the total number of members of the Steering Committee is elected Complaints Commissioner. The candidacy for Complaints Commissioner must meet the following criteria:

- To be highly educated;

- Enjoy high moral and professional integrity;

- Have experience in the field of administrative management;

– To show teamwork skills;

- To have experience in the implementation of legal acts in general and those of the lawyer's law, the Statute and the Lawyer's Code of Ethics in particular;

- To be correct in relations with the community of lawyers;

- To have no disciplinary measures against him and related to the exercise of his duties;

- To have no pending criminal case or to have been convicted by a final decision for this purpose.     

He gives an account for the work carried out in the implementation of the law before the Steering Committee and the General Council, when requested by the latter.

The duties of the Complaints Commissioner are those defined in point 3 of article 42 of the law.

Detailed rules for the initiation of disciplinary proceedings and related to the registration of the appeal request, its completion with the necessary evidence, evaluation, notification of the subjects in appeal, investigation, drawing up and sending the final report to the Disciplinary Committee, are defined in the Rules of Procedure Disciplinary.

2. The dismissal of the Commissioner of Complaints is done as in the case of the end of the mandate of the member of the Steering Committee, according to the provisions of Article 91 of the Statute, letter "a" and "b" thereof.

ARTICLE 88

Status and way of exercising the duty

The Complaints Commissioner enjoys the status of an employee at the DHASH administration. He is administratively subordinate to the Steering Committee and reports to it whenever requested by the latter, while labor relations are regulated according to law no. 7961 dated 12.07.1995, "Labor Code of the Republic of Albania" with the relevant amendments.

The complaints commissioner makes a decision on whether or not to accept the complaint within 30 calendar days from the day the complaint was submitted. Within this time, he expresses his acceptance or not in writing.

In case of non-acceptance, he notifies the complainant in writing about the reasons for non-acceptance and the continuation of further legal procedures. The Complaints Commissioner decides:

1. a) rejection of the complaint in the case when:
2. i) There are no elements related to the requirements provided for in point 1 of article 40 of the law;
3. ii) The deadline stipulated in point 3 of article 40 of the law has passed;
4. ii) The appeal is not submitted in written form;

iii) The name and address of the complainant are not indicated;

1. b) accepting the complaint and ordering the lawyer, the complained subject, to provide information about the filed complaint within the 15-day period provided for in the law;

The manner, form and modalities related to the handling of the appeal request and the accompanying relation before the Disciplinary Committee are presented in detail in the Internal Regulation of the Disciplinary Procedure.

ARTICLE 89

The composition of the Disciplinary Committee and the method of election

The composition of the Disciplinary Committee is defined in Article 43, point 2 of Law 55/2018 "On the Lawyer Profession in the Republic of Albania". The members of this Committee chosen from among the lawyers do not necessarily have to be members of the General Council of DHASH. Members of the Steering Committee, members of the Scientific Board of the School of Advocacy, as well as lawyers who perform functions at the governing bodies of DHASH, cannot run for this position.

The appointment of members from the KLJ, KLP and MD is made by administrative act issued by the above bodies and can be changed whenever the latter deem necessary.

The member of the Disciplinary Committee chosen from among the lawyers must meet the following criteria:

1. To enjoy professional and moral integrity and that no disciplinary measures have been taken against him related to the exercise of the profession of lawyer as well as the performance of duties with public and private bodies that he may have exercised;
2. To have fulfilled the obligations stemming from practicing the profession of lawyer both with the tax authorities and with third parties;
3. To have special experience in management and direction in certain fields;
4. Have at least 5 years of experience in practicing as a lawyer;
5. Maintain gender ratios, where at least 2 of them must be female.

The member of this Committee, chosen from the ranks of civil society or the academic world, is chosen by the Steering Committee of DHASH, on the basis of secret voting for each candidate submitted. The announcement of the notification for the expression of interest is made by DHASH no earlier than 30 days from the day of voting for this purpose. The candidate who wins not less than half of the votes of the elected members of the Committee is declared the winner.

ARTICLE 90

Election of the Chairman of the Disciplinary Committee

The election of the chairman of the Disciplinary Committee is done according to the procedures provided for in Article 43 point 3 of the Law on Advocacy, only through candidacies chosen from among the lawyers. The right to run for each of the members of this Committee elected from among the lawyers is free and direct. For this purpose, each of the elected members, no later than 10 days from the day of voting in the General Council, expresses his interest in running without restrictions of any kind. The chairman of the Disciplinary Committee is declared the candidate who receives not less than ½ of the secret votes of the number of members of the DHASH Steering Committee. In case the number of members of the Steering Committee is odd, for the purpose of calculating the winning quorum, the larger number between the two numbers will be taken. If none of the candidates wins the number of votes determined as above, a second round is held between the two candidates who have won the most votes and the candidate who wins the highest number of votes is declared the winner. In case of a tie even after the second round, the candidate for whom the Chairman of the Steering Committee of DHASH has voted, through the latter's declaration of the winning candidate, will be declared the president of the KD.

ARTICLE 91

Expiration of the mandate of the member of the Disciplinary Committee

The mandate of the member of the Disciplinary Committee ends on the day when 4 years have passed since his election. The member of the Disciplinary Committee remains in office until the day of his replacement by a new member.

The mandate of the member of the Disciplinary Committee ends before the end of the above term in the following cases:

1. a) General cases:

- When it is ascertained that the procedures of his election are contrary to the criteria defined in Article 43/2 of the law;

- When, during the exercise of his duties, he is punished by a final court decision for committing a criminal offense according to the provisions in Article 102 of this Statute;

- When the members elected from among the lawyers are absent from the sessions of the disciplinary process more than 4 times within the year, without legal reasons. For other members appointed by the bodies that the law authorizes, the criteria are the same, but in the eventual case, their replacement by the competent body is required;

- When the KD member resigns for personal reasons;

- When he loses the legal capacity to act, according to an act issued by the competent body and with a final court decision.

– For violation of the law, the Statute and the Lawyer's Code of Ethics, which constitute acts and behavior that seriously discredit the position and figure of the lawyer.

1. b) Special cases:

- For the members delegated by the subjects provided for by the law, the mandate is terminated when the replacement is made by the competent body for their appointment.

- For the members elected from among the lawyers, the termination of the mandate can also be done when the confidence in a certain member is lost. In such a case, the removal of the mandate is done with the proposal of the DHASH Steering Committee and with the vote of 2/3 of the elected members of the General Council.

1. c) In any case, the replacement of the member whose term ended prematurely is done by the next member in the list of candidates voted for this purpose.

Article 92

Duties of the Disciplinary Committee

In exercising its function, the Disciplinary Committee, in addition to those defined in Article 43 of the law, also has the following duties:

- To respect and implement the Constitution of RSH as well as the legal provisions of the functional law and related to practicing the profession of lawyer, such as Law no. 55/2018, the Lawyer's Statute and Code of Ethics, as well as CCBE acts;

- To preserve all the data obtained during the review sessions, which may constitute a secret of a private or public nature, as well as those of a confidential nature for the parties in the process;

- To determine correctly and in a well-founded manner the violations of the law and by-laws that are subject to classification as a disciplinary violation;

- To be familiar with the complaint files against the lawyers no later than 48 hours before the date set for the holding of the session that will examine the disciplinary proceedings;

- To respect the legal deadlines for the completion of disciplinary proceedings, according to the requirements of the law; 

- To ensure the parties and give them guarantees for a regular, transparent and impartial process and reflect moral and professional integrity in the examination of the matter;

- To respect all the requirements reflected in the Internal Regulations of the Disciplinary Procedure approved by the General Council.

Sessions of disciplinary proceedings

ARTICLE 93

The disciplinary procedure starts within 30 days from the day that the Complaints Commissioner files with the Chairman of this Commission the relevant relation of the complaint for proceeding against the lawyer.

The review for the disciplinary proceedings must be done in the presence of the lawyer subject to the appeal or his representative by proxy. For this purpose, the Disciplinary Committee takes measures to notify the lawyer who will be subject to disciplinary proceedings no later than 5 days before the disciplinary review session takes place.

If in the case review session, the lawyer or his representative does not appear without reasonable cause, the Disciplinary Committee continues the procedures for the review of the case and takes a decision in their absence. If during the examination of the case the presence of the lawyer becomes necessary, then the session is interrupted and all the necessary measures are taken for the lawyer to give explanations in his presence or in writing, where he must clarify his position in relation to the appeal request.

Article 94

Participation and manner of conducting the session

The quorum for holding Committee meetings is defined in point 5 of Article 43 of the law.

The meeting for the review of the disciplinary proceedings is led by the chairman and, in his absence, by the oldest member among the 7 members elected by the membership of DHASH lawyers.

Sessions of the disciplinary process are open, but in special cases at the request of the parties or primarily, the Disciplinary Committee may decide that the review be held behind closed doors. The decision on the matter under consideration can be taken within one session or in the following sessions, if there is a need for clarifications that require additional documentation and cannot be made on the basis of the documentation available to the Disciplinary Committee.

Those members of the Disciplinary Committee who present a conflict of interest in the consideration of the case in charge of the parties, and who contradict the principle of conflict of interest, according to the provisions of Article 9 of the law and Article 63 of this law, cannot participate in the decision-making process. Statute. In the sessions of the disciplinary proceedings, a representative of the administration also participates without the right to vote, according to the authorization of the President of DHASH, who is responsible for the progress of the implementation of the decisions made by this Committee.

Article 95

The beginning of the session for disciplinary proceedings

The head of the session, before starting the disciplinary proceedings, examines the preliminary requests that the parties may have. The review of the disciplinary proceedings begins by submitting the report submitted by the Complaints Commissioner regarding the complainant's claims and the clarifications given by the lawyer.

After the presentation by the narrator is finished, the floor is given to the complaining subject to provide more detailed explanations regarding the request, facts and evidence. Detailed explanations are then provided by the lawyer subject to the complaint (or his representative lawyer), who presents the case. During the relationship of the parties according to this paragraph, the parties have the right to reformulate the final request.

Each member of the Disciplinary Committee has the right to direct questions to the parties and request clarifications regarding the case, as well as to take the necessary evidence if the parties have requested such a thing.

After the hearing of the parties and the questions asked, the chairman of the SC declares the closure of the disciplinary investigation.

Article 96

Final conclusions

After the completion of the administrative investigation procedure as above, the parties participating in the hearing leave the room where the hearing takes place and the Disciplinary Committee continues with closed doors the discussion regarding the evaluation of the facts and the final decision.

If, during the conclusion of the final findings, the members of this Disciplinary Committee need additional verifications that may require an extension of the time limit for the provision of new evidence, they postpone the decision and apply in writing to the Appeals Commissioner to conduct additional investigations according to the required object. The decision in such a case can always be postponed respecting the legal limit of 3 months and in special cases not more than 6 months, defined in point 6 of article 43 of the law 55/2018 "On the Lawyer Profession in the Republic of Albania".

In the case of normal procedures, after the discussion on the final conclusions, the vote is taken on the acceptance or rejection of the request for disciplinary proceedings as well as on the disciplinary measure to be taken.

Voting method and decision-making

Article 97

The decision on the appeal request in a disciplinary process is made through open voting and is taken by a simple majority of the votes of the members present at the meeting. In case the votes are divided equally, the complaint against the lawyer for disciplinary proceedings is considered dismissed. In the process of voting for the decision, the members of the Disciplinary Committee do not have the right to abstain.

In the case where disciplinary proceedings are conducted against any of the members of this Disciplinary Committee, the lawyer object of appeal cannot participate in the hearing in the exercise of his function, but only as a subject complained of in this disciplinary proceeding. Decision-making in such a case will be done by secret ballot (the lawyer does not participate in the vote and cannot be present in the hall) and the voting result will be evaluated the same as in the first paragraph of this article.

In any case, the decisions of the Disciplinary Committee are valid for decisions related to the disciplinary proceedings of lawyers, while in no case and for no reason can a decision be taken to proceed against the complaining subject, even if these measures are without material or financial consequences.

(This paragraph takes into account the case when the complaining subject is another lawyer and cases are verified that may aggravate his position). 

Article 98

The decision taken by the Disciplinary Committee is announced in the disciplinary review session only in the form of a disposition and then within 5 days it is revealed in a final form. The decision is drawn up in three copies, one for each party and one copy is attached to the case file.

Against this decision, in all cases provided for in the law, the parties have the right to appeal to the competent court for the resolution of administrative disputes, within the time limits and in the manner defined in Article 50, the right of appeal, of Law no. 55/2018 "On the Lawyer Profession in the Republic of Albania".

The decision of the Disciplinary Committee for which no appeal has been made according to the requirements of Article 50 of the law, or after the decision becomes final after an appeal to the competent court, constitutes an executive title.

Article 99

A copy of the court decision that turns the decision of the Disciplinary Committee into an executive title in charge of the lawyer is sent to DHASH.

The execution of the decision defined as above is done according to the procedures defined in the Code of Civil Procedure, part four "Mandatory execution", article 510 et seq.

In case of non-execution of the above penalty measure, the Steering Committee of DHASH proposes to the Disciplinary Committee the taking of the disciplinary measure "suspension of the permit to practice the profession" for the lawyer until the full fulfillment of the decision taken.

The execution of the executive title defined as above is implemented by the administrative staff of DHASH, applying the procedures of suspending the services offered to him, until the moment when the executive title is considered fully fulfilled.

Article 100

The Disciplinary Committee cannot consider and, in the event that the appeal request has been accepted by the Appeals Commissioner, it must be suspended immediately, in the following cases:

- When a criminal or civil court process is being carried out for the subject matter of the disciplinary proceeding. In such a case, the court decision, which has taken final form, must be accepted without objection by the Disciplinary Committee.

- When the object presented by the complaining subject constitutes a criminal offense, according to the provisions of the Criminal Code in the Republic of Albania. The complaint to the competent bodies in such a case can only be made by the complaining entity.

- When the appeal request is authored by the subject who is an opposing party in the judicial process.

- When the disciplinary process deviates from the object of the filed complaint or the dispute between the parties does not have an administrative character.

- When the verification of the case presented for appeal requires special expertise and can only be carried out by specialized bodies.

Disciplinary measures

Article 101

Disciplinary measures against the lawyer are taken by the Disciplinary Committee in relation to the nature and significance of the violation, the degree of culpability, the consequences caused and the possibility of their recovery, the lawyer's attitude towards the case, as well as the fact that the lawyer subject to disciplinary proceedings has been given a previous measure by this Committee.

In the case of taking a decision by the Disciplinary Committee related to the return of the received payment in accordance with the part of the service not performed to the client, provided by article 45, point 2, letter "b" and point 3, letter "b" thereof, the same assessment procedure is applied in relation to the return of the payment as defined in article 65 and 66 of this Statute.

Article 102

Classification of criminal offenses for the removal or suspension of the title

Pursuant to point 1, letter "ç", paragraph "ii" and "iii" of Article 46 of the Law on Advocacy, the lawyer's title must be removed or the license to practice the profession suspended for the following cases:

1. For all criminal offenses provided for in point 1, letter "ç" paragraph "i" of the law, with the exception of those offenses committed negligently and which have not been rehabilitated, which are classified as administrative misdemeanors and:

- They were given alternative sentences of imprisonment according to the provisions of articles 58, 59, 59/a, 60 and 60/a of the Criminal Code, with the exception of persons who violate the conditions and obligations during the probationary period, provided by article 62 of the Criminal Code

– The decision given to the person determines a prison sentence of no more than 15 months.

1. The circle of criminal acts committed intentionally, which, even though they have been rehabilitated, violate the image and integrity of the lawyer, as follows:

– Criminal offenses provided for by Chapter II, Section VI of the Criminal Code, Sexual Crimes, especially those defined in Article 100, 101, 103, 104, 106, 107/a and 108 of this Code;

- Offenses provided by Article 128/bi of the Criminal Code, trafficking of minors;

- Offenses provided by Chapter VII of the Criminal Code, Offenses with Terrorist Intent, especially Articles 230, 230/a, 230/b, 231, 234/a, 234/b and 287.

Article 103

Suspension of the permit to practice the profession

In reference to Article 46, point 2 of the law, the suspension of the permit to practice the profession of lawyer for the cases defined therein, is carried out when:

1. In the case of the initiation of a criminal proceeding, the measure and term of the suspension of the permit to practice the profession will be taken the moment the court has expressed its opinion on the measure of security and has begun examining the merits of the criminal case in charge of the lawyer.
2. In case of non-payment of the financial contribution determined by the General Council of DHASH, the suspension of the permit lasts until the full repayment of the unpaid obligation. In such a case, the Disciplinary Committee can impose a fine on the lawyer according to the provisions of Article 45/2/a of the law.
3. The suspension due to mental or physical illnesses is done in the case where a medical report has been issued to the lawyer by the body authorized by law for this purpose. The period of suspension in such a case depends on the duration of the illness.
4. The suspension due to bankruptcy is done in accordance with the civil legislation in the field of bankruptcy of commercial entities and according to the court decision for this purpose. The suspension period is conditioned by the bankruptcy extension period.

The decision on the suspension is taken by the Disciplinary Committee and initiated by the entities provided for in Article 40 of Law no. 55/2018. When the state of suspension for the reasons provided for in points 3 and 4 of this article, goes beyond the terms defined in article 46, point 2 of the law, the Disciplinary Committee can dispose of the resumption of these terms until their final rehabilitation.

In any case, the decision to suspend the license to practice the profession is sent to the judicial and procedural bodies where the suspended lawyer has the jurisdiction to practice the profession.

Article 104

Taking additional measures

In the disciplinary process, the committee, in addition to taking administrative measures against a lawyer in violation of legal provisions, requires the latter to take immediate measures to regulate the aggravated situation due to him. For this purpose, the KD orders the lawyer through a special administrative act, or in the enacting clause of the decision taken, to provide the client with alleviation of the damage caused to him.

In such a case, the lawyer may be ordered to make a deed of agreement with the injured party, where the method and deadlines for improving the situation are determined.

The implementation of this agreement can be monitored by the administration of DHASH

Article 105

Registration and cancellation of disciplinary measures

Disciplinary measures taken against the lawyer by the Disciplinary Committee are recorded in the personal file of the latter as well as in the register of disciplinary measures, and are reflected in the relevant documentation that may be requested by it.

The cancellation of the disciplinary measure from the personal register is done according to the provisions of Article 49 of the law, except for cases where the basis of a final court decision is determined otherwise.

In the case when a disciplinary measure has been taken against a lawyer, a new disciplinary measure is taken, the deadlines for extinguishing the disciplinary measure start from the moment of taking the new measure. If the deadline for extinguishing the new disciplinary measure is shorter than the deadline for the previous measure, then the deadlines for extinguishing the measure remain those of the previous measure.

CHAPTER IX

PROFESSIONAL EDUCATION OF LAWYERS

Article 106

The authority responsible for vocational education

The authority responsible for drafting and developing the lawyer's professional education strategy is the Chamber of Advocates of Albania. It exercises the powers for this purpose through the legal bodies created by the law on advocacy. In function of this major goal, the law has determined the creation, organization and operation of the School of Advocacy and its Scientific Committee, through which the legal objectives defined in Article 52 of Law no. 55/2018.

The professional education system in the Republic of Albania develops in two main directions, which are:

– Initial training, which is a necessary condition for participating in the bar exam and earning the title "Lawyer", according to the requirements of Article 13 of the law;

- Continuous training, to which all lawyers practicing the profession of lawyer are subject and is a necessary condition for practicing the profession of lawyer, according to Article 14 of the law.

Article 107

Creation, Status and Legal Basis of the School of Advocacy

The School of Advocacy is a body of the Bar Association of Albania and exercises its activity based on law no. 55/2018 "On the profession of lawyer in the Republic of Albania", the provisions of this Statute as well as its Internal Operating Regulations, approved by the General Council of DHASH.

It enjoys academic, teaching and professional training autonomy, while its legal personality is acquired through the Chamber of Advocates of Albania. It makes decisions and creates administrative acts with the seal and symbols of the Chamber of Advocates of Albania.

Article 108

Purpose and Object of the activity

The School of Advocacy has its own goal of providing professional training for lawyers, through the design and implementation of initial training programs for assistant lawyers and continuing training for practicing lawyers.

The School of Advocacy, based on mutual agreement and depending on its capacities, can organize professional training activities for other legal professions related to the justice system in the territory of the Republic of Albania.

Its object is the design and promotion of educational programs and research in the field of training and professional development of lawyers; organization and direction of the functionality and didactics of teaching for professional training; coordination of teaching, scientific research and institutional development in the field of advocacy and beyond.

At the end of the annual academic program, the participants in the professional education are provided with the relevant certification, where it is certified that the lawyer or candidate for lawyer has completed the full cycle of professional training attendance.

Article 109

Organization and operation of the School of Advocacy

The School of Advocacy operates as an academic year. It begins on the third Monday of October and ends on July 10 of the following year.

The registration of candidates for attending the School will be done at the DHASH administration, according to the procedures followed for registration as an assistant lawyer, based on the relevant regulation.

The number of candidates who will be eligible to follow the studies and professional training program is unlimited. In special cases, the Scientific Committee may impose restrictions in relation to the number of registered candidates and the teaching capacities of the School.

Following study programs for professional training is done against payment. The amount of the obligation to pay is determined in ratios expressed as a percentage to the expenses that must be covered by the income of DHASH. The competent body for determining this percentage is the Steering Committee of DHASH. 

The School of Advocacy can also accept funding and donations from international and national institutions, which will be deposited in the bank accounts of DHASH, for the account of SHA.

Article 110

Governing bodies of the School of Advocacy

In order to fulfill the mission of SHKA from the academic, teaching and professional training point of view, its governing bodies are created, which are:

• Scientific Committee of the School of Advocacy;
• Executive Director.

Article 111

Status and Composition of the Scientific Committee

The Scientific Committee is the highest body of the School of Advocacy. It consists of 5 members. The chairman of DHASH is an ex officio member and at the same time chairman of this Committee. Likewise, due to the duty, the executive director of the School of Advocacy is also a member of this Committee, while the other 3 are elected by secret ballot by the DHASH Steering Committee, through a competition process of candidates from the ranks of lawyers and districts. academics that are part of advocacy

The Steering Committee of DHASH is responsible for determining the criteria for the selection of members of the Scientific Committee, for the form and manner of organizing the competition and evaluating the candidacies for members of the Scientific Committee.

The criteria on which the nomination and evaluation process for the JSC Scientific Committee will be based must be based on:

• Seniority in practicing the profession of lawyer and in the field of jurisprudence;
• Possession of academic titles in the field of jurisprudence;
• Teaching experience in higher education at the Faculty of Law in the Republic of Albania, as well as in universities abroad;
• Publications in the form of original scientific articles or reviews (scientific analysis) of the field;
• Being the titular of a subject or module in several academic years in law faculties, as well as the preparation of teaching materials in the form of lectures or exercises;
• No less than three members of this Committee must enjoy the title of Professor or Associate Professor in the field of jurisprudence.

Article 112

Mandate of members of the Scientific Committee

The term of office of the members of the Scientific Committee is 4 years with the right to re-election for a second term. The term of office of the member is terminated in the following cases:

• Resign;
• He is declared incapable of acting by a final decision;
• Convicted by a final decision for committing a criminal offense;
• He is charged with public functions which the law expressly excludes for participation in academic activities and teaching;
• Take disciplinary measures from the Disciplinary Committee of DHASH, according to Article 46 of Law No. 55/2018, "On the profession of lawyer in the Republic of Albania";
• It is excluded due to the violation of the provisions of this statute and the relevant legislation, as well as in case of non-engagement in the realization of study programs of SHA.
• In case of death.

In case of finding one of the above cases, the Steering Committee of DHASH suspends the mandate of the elected member and within a suitable time begins the replacement procedures, according to the criteria defined in Article 111 of this statute. In case of exception, the proposal is made by the Chairman of the Scientific Committee or by 2 members of this Committee.

Article 113

Tasks of the Scientific Committee

The Scientific Committee of the School of Advocacy has the following duties:

- Appoints the Executive Director of the School of Advocacy on the proposal of the President, from the list of candidacies submitted for this purpose;

- Elects the vice-chairman of the Scientific Committee from among its ranks by secret ballot;

- Determines the organizational structure of SHA and submits it to the DHASH Steering Committee for approval;

- Sets the criteria for accepting candidates for registration and continuing studies at the school, determining for each academic year a certain number of participants in these studies;

- Draws up the short-term and long-term strategic plan of theoretical and practical programs, related to initial and continuing professional training;

- Appoints the staff for giving lectures according to approved programs and topics and, on the proposal of the executive director, removes them from this duty. The selection criteria of the staff of lecturers are regulated by the decision of the Scientific Committee;

- Determines with the proposal of the executive director the curriculum, as well as regulates the relationships between subjects for joint and special preparation, in relation to initial and continuing training;

- Draws up the Regulations of the school's activity and submits it to the General Council of DHASH for approval;

- Periodically reports to the governing bodies of DHASH regarding the design and implementation of the teaching program, participation and concrete results;

- Presents the financial budget for the academic year to the governing bodies of DHASH project for approval.

Article 114

Quorum and decision making of the Scientific Committee

The Scientific Committee meets as a rule, not less than once every two months. The meeting is valid when not less than half plus one of its members participate in it. Decisions are made by a simple majority of the members present. Voting is open.

Decisions regarding the election of the vice president, the Executive Director, as well as the exclusion of teaching staff according to paragraph 2 and 5 of article 113 of this statute, are taken by secret ballot with the majority of the elected members of the Scientific Committee.

Members of the Scientific Committee cannot abstain during the open voting process. In the event of a tie, when one member is absent from the decision-making process, due to a conflict of interest according to the relevant law, the vote of the chairman is decisive.

Article 115

Chairman of the Scientific Committee

The Chairman of the Scientific Committee of the School of Advocacy is the Chairman of DHASH. He calls and directs the meetings of the Scientific Committee, sets the agenda and defines the rules of the discussions.

In his absence, the powers are assumed by the vice president.

The chairman can delegate powers to other members of this council.

The mandate of the chairman of the Scientific Committee ends when the term of the chairman of DHASH ends. The new chairman elected in such a case is automatically appointed chairman of the JSC Scientific Committee.

Article 116

Executive Director of the School of Advocacy

The executive director is selected by the Scientific Committee through a competition procedure. He should

be a person of high moral and professional integrity, with experience in teaching and have at least the scientific title of doctor of sciences. He is elected by the Scientific Committee after the competition process with no less than two candidacies.

His appointment is made for a period of 4 years, with the right of re-election. The executive director, except for the cases provided for in Article 29 of this statute, may be dismissed by the Scientific Committee for acts and behavior that seriously damage his moral image, or when it is proven that his organizational activity in academic activity is not at the level required for the realization of the tasks defined in the school's strategy, as well as in other cases defined in the acts that regulate the school's activity.

The director can be dismissed according to the same procedures that are followed for his appointment, with the proposal of the chairman or with the elected majority of the members of the Scientific Committee.

Article 117

Duties of the Executive Director of the School of Advocacy

The executive director has the following duties:

• Draws up the regular training project of the candidates and submits it to the Scientific Committee for approval;
• Drafts the annual activity program according to the relevant modules divided into theoretical and practical lessons;
• Leads the staff of lecturers, coordinates work with them and requests from them in detail the teaching programs of each subject;
• Controls the implementation and quality of teaching, as well as the implementation of the program as a whole and for each subject in particular;
• Determines the needs of the school for teachers in relation to the realization of the strategic plan of teaching and professional training approved by the Scientific Committee;
• Proposes disciplinary measures against lecturers to the Scientific Committee;
• Drafts the financial budget for the academic year and needs for administrative personnel and presents it to the Scientific Committee for approval.

Initial Training

Article 118

The initial training is organized at the School of Advocacy with a one-year academic program, based on the programs designed and approved by the Scientific Council of the School of Advocacy. Registration and participation of candidates for the initial training is free and is done on the basis of the legal conditions provided in Article 20 of the law.

The evaluation of candidates at the end of the initial training program is based on attendance and credits earned for this purpose, according to the determinations made by the Scientific Committee of the School of Advocacy.

Article 119

Continuing training

Continuing training is part of the professional education program of practicing lawyers. It aims to update lawyers with specific theoretical professional knowledge and the application of judicial practices in the country and abroad. Continuing professional education aims to create the opportunity for lawyers to be equipped with specific knowledge in the fields of law. In the criminal field, continuing training is of particular importance and aims to educate about criminal offenses that deal with special categories of criminal legislation, such as domestic violence, sexual abuse and human trafficking, the treatment of juvenile criminal justice, etc. , for which the procedural legislation, among other things, also requires the equipment with evidence of the acquisition of knowledge in these fields. Participation in continuing training for the above cases is based on selection by the governing bodies of the School of Advocacy, mainly based on compliance with the criteria set by them.

Continuous training is also an object of the activity of the School of Advocacy. At the beginning of each calendar year, the JSC Scientific Committee draws up the annual continuing training program, divided into separate topics and modules, as well as the annual calendar for the implementation of this program.

The calendar envisages the development of continuing training on the basis of territorial division, according to the local bar chambers.

The methodology of designing the programs and the way of its implementation in practice are reflected in the Rules of Internal Functioning of the School of Advocacy.

Other provisions

Article 120

The methodology of designing the programs and the way of implementation in practice, as well as more detailed rules regarding the participation and development of professional training programs, are defined in the Rules of Internal Operation of the School of Advocacy. The Rules of Internal Operation are drawn up by the Scientific Committee and approved by the General Council of DHASH. This document is made periodically on an annual basis and is updated with new experiences during the exercise year.

The Internal Operating Regulations also reflect the criteria established by the Scientific Committee, regarding the legal exemption from the obligation to participate in the continuing training of special categories of lawyers, according to the provisions of article 54, point 6 of law no. 55/2018 "On the Lawyer Profession in the Republic of Albania".

CHAPTER X

ASSETS AND BUDGET OF THE ALBANIAN LAW CHAMBER

Article 121

Assets of the Bar Association of Albania

The Bar Association of Albania owns movable and immovable assets which are administered and registered in its ownership according to the legislation in force.

The title of the property she owns is registered in the name of the Chamber of Advocates of Albania. The Chamber of Advocacy may transfer to administration responsibility special premises owned by it, for the account of local chambers of advocacy. At the same time, it can benefit from the responsibility of managing real estate for well-defined purposes.

The sale or transfer of the real estate of DHASH is made by decision of its General Council and for justified purposes.

Article 122

bUDGET

The General Council determines and approves the annual budget of the Chamber of Advocates of Albania. The budget of the Chamber of Advocates of Albania consists of income and expenses.

The revenues of the Chamber's budget are provided by:

1. The membership fee, which is paid annually and individually by each lawyer at the time of being equipped with the annual license to practice the profession.
2. The fee for obtaining the title of lawyer, which is paid only once and at the time of equipping the lawyer with the certificate of obtaining the title.
3. The registration fee for assistant lawyer, which is paid only once and at the time of application for this purpose;
4. Registration and attendance fee for the initial training of candidates for lawyers at the School of Advocacy. This is also paid only once and during the school attendance period.
5. Bar exam registration fee. This is a fee that is paid at the time of registration for the exam and is non-refundable in the event of not being successful.
6. Other income provided by internal or external donations or grants.

The expenses of the Chamber of Advocacy of Albania are diverse and related to the types of activity exercised by it, in order to achieve the objectives set by the law, the Statute and the General Council.

Article 123.

Fees and their approval

The General Council of DHASH is the only authority that decides on the level of fees and contribution that the lawyer must pay, according to the provisions of Article 122 of this Statute.

The level of fees depends on the economic and social conditions of the country as well as on the level of average income realized by lawyers. The General Council has the power to set differentiated fees for certain categories of lawyers, according to the criteria approved by the latter for this purpose.

At the same time, the General Council can decide the exemption from special fees and for special people and related to their very difficult economic, health and family conditions. Decisions for cases of this nature are made on a case-by-case basis and with the proposal of the chairman of DHASH. The lawyer's contribution must be paid at the time of obtaining the annual permit to practice law, but in any case no later than March 31 of the following year.

Article 124

Preparation, approval and administration of the budget

The administration of the budget of the Chamber of Advocates is done by its Steering Committee. The Bar Association of Albania is the sole authority for the deposit and use of funds. The collected funds are deposited with one or several second-level banks in the Republic of Albania and are used only with a specified destination and with the signature of the Chairman of DHASH. For this purpose, the latter performs all the actions of depositing and recognizing the firm at these banking institutions.

Local chambers of advocates do not have the right to transfer bank accounts to second level banks in the Republic of Albania. The use of funds on their part in cases of budget implementation can only be done through the President of DHASH.

The Steering Committee of the Chamber of Advocates of Albania, at the beginning of each year, prepares the annual accounts of the budget administration and presents it to the General Council of DHASH for approval.

At the same time, every end of the year, he prepares the draft annual budget for the following year and submits it to the General Council for approval by December 31 of the following year. The latter, after finding it in accordance with international reporting standards and with the manner of its use, approves the budget for the reporting periods.

Article 125

Auditing and approval of financial statements

The audit of the annual budget accounts is done through the approval of the accounting balance for the exercise period. This is drawn up by the entity's finances and audited through an accounting expert authorized by the IEKA list and registered with the Ministry of Finance for this purpose.

The Authorized Accounting Expert is appointed at the next meeting where the draft budget is also approved.

The authorized accounting expert presents the relevant report to the General Council no later than March 31 of the following year.

CHAPTER XI

ADMINISTRATIVE STAFF OF DHASH

Article 126

Internal functioning

The Chamber of Advocates of Albania has its own administrative staff, whose main task is to take organizational measures to ensure favorable conditions for the membership of lawyers in relation to the exercise of the rights and duties given to them by law, the fulfillment of legal administrative obligations and statutory ones that are not related to decision-making, the preparation of data and statistics in relation to the periodic and special reports of the leaders of DHASH before its governing bodies, the implementation of decisions and acts taken by these bodies, as well as any administrative action that arises during the daily activity of the Chamber.

The structure and organization of the administrative staff is determined by the decision of the General Council, with the proposal of the chairman of DHASH.

The way of organization and functioning of the administrative staff is defined in more detail in the Regulation of Internal Administrative Functioning, which is approved by the Steering Committee of DHASH.

Article 127

Status of administrative employees

Employees of the administrative staff create employment relationships based on Law 7961/1995 "Labor Code of the Republic of Albania". The Chairman of DHASH is responsible for the conclusion of the individual employment contract, based on the legislation in force.

The chairman, based on the approved structure and organization, selects employees according to the criteria contained in the workplace

Article 128

Administrative Director

The Administrative Director is the highest employee in the administrative hierarchy of the Chamber of Advocates of Albania. He is elected by the Steering Committee of the Bar Association of Albania at its first meeting, on the proposal of the president of the Bar Association of Albania. Candidates for Administrative Director must necessarily have a higher education degree in law or economics. He must have special management skills and experience in administrative management.  

Voting for the election of the Director becomes open and the winner is announced when 50 percent plus one of the elected members of this Committee vote for him. His mandate is 4 years and is a permanent function within a term of the Steering Committee.

The Administrative Director is responsible for the normal functioning of the administration in implementation of the legislation in the field of labor relations and is accountable to the chairman and the Steering Committee whenever they see fit.

He is also responsible for the proper functioning from an administrative point of view of the bodies established by the law on advocacy and operating within the jurisdiction of the Chamber of Advocates of Albania.

CHAPTER XI

FINAL PROVISIONS

Transitional provisions

Article 129

The old statute of the National Chamber of Advocacy, as well as any other provision that contradicts this statute, is deleted.

Article 130

The governing bodies of the Chamber of Advocates of Albania, elected according to the repealed law, exercise their powers according to the new law until the end of the mandate. The Administrative Director of the Chamber of Advocacy is elected after the end of the General Secretary's mandate.

Article 131

The legal obligation to attend continuing training and ensure professional responsibility become mandatory for practicing lawyers, at the moment DHASH creates the necessary conditions for the application and implementation of these obligations.

CHAPTER XII

ENTRY INTO FORCE

Article 132

This statute enters into force on the day of its approval by the General Council of the Chamber of Advocates of Albania.

It was approved by decision no. ______ date _________ 2019 of the General Council of the Bar Association of Albania.