Regulation

rule

Regulation

FOR THE REGISTRATION, ORGANIZATION AND ANNOUNCEMENT OF THE RESULTS OF THE QUALIFICATION EXAMINATION FOR WINNING THE TITLE ATTORNEY IN THE REPUBLIC OF ALBANIA

Qualifying Exam

Article 1

1.1. This regulation determines the conditions, deadlines and procedures for giving the exam and announcing the results, to obtain the title of lawyer in R.Sh.

1.2. The title gives the lawyer the right to exercise the free profession of lawyer only in accordance with law no. 9109 dated 17.07.2003, amended by law no. 9795 dated 23.07.2007 and law no. 10047 dated 24.12.2008 "For the profession of lawyer Republic of Albania ".

1.3. For the purpose of interpretation, in this regulation the laws cited in point 1.2 of article 1 will be included with the word law.

 

Article 2
2.1. In support of Article 25 of the law, the profession of lawyer can be exercised by any Albanian citizen or foreigner who has completed higher legal education inside or outside the country. In the sense of this expression, they will be considered as documents for the recognition of higher legal education. .

2.1.1 Scientific Master's degrees and professional Master's degrees, issued by public universities resident in Albania.

2.1.2 Scientific Master's degrees and professional Master's degrees, issued by private universities with positive accreditation, in the Republic of Albania.

2.1.3 Diplomas issued by foreign universities not resident in Albania, provided that the lattervalidated from MES as Scientific Master and Professional Master degrees, through an individual written document and case by case, for each candidate who appears.
In any case, the university that has issued diplomas according to the above quote must be positively accredited by the Higher Education Accreditation Council and announced by decision of the Minister of Education and Science, according to Article 62 of Law No. 9741 dated 21.05.2007. For higher education in the Republic of Albania". The accreditation decision must necessarily be positive or conditional accreditation. Negative accreditation cannot create the possibility for the recognition of the diploma for the effect of registration for practicing the profession of lawyer.

Article 3 – Registration as an Assistant
3.1. According to the requirements of the law, the first step of registration for a lawyer candidate is the registration as an assistant lawyer, near a lawyer or law office. The registration of candidates as an assistant can only be done after the candidate has obtained the law degree from the law faculty of the universities. determined according to article 2 of this regulation. In this sense, no lawyer or law office can accept assistants and issue certificates for assistant lawyers before the date of the candidate's diploma and none of the candidates can undergo the qualifying exam, when the date of the exam is less than 365 calendar days, even if it is provided with such a certification from a lawyer or law office before this deadline.

The Chamber's administration is responsible for the registration of persons in conflict with this criterion.

3.2. The registration of the assistant can be done near the bar association where the candidate resides or, near the National Bar Association. The internship period is 12 months for all assistants of the Tirana Bar Association and not less than 11 months for assistants registered in the District Bar Associations. This term, classified as above, begins on the day the applicant for the assistant is provided with the identity card for the assistant, according to the module determined by the Directing Council of DH.KA for this purpose. In the event that the applicant for an assistant has filed the request with the lawyer's chamber of the district in which he resides, the head of the respective chamber must file them in the Chamber of Deputies, which in turn provide the applicant candidate with the assistant's identity card.
In the event that, within 30 days from the day of filing the request, the CA does not reject the applicant's request for registration as an assistant in writing, the registration is considered automatically completed.

Article 4 – Documents for registration
The documents for the registration of the candidate for the equipment with the identity card for the assistant are:

4.1. Written request for registration.

4.2. The certification of the lawyer or law office, where it is accepted that the applicant completed the 1-year internship period. This certification must be issued by a lawyer or law office, a member of the bar association where the applicant has his residence.
In the applicant's file, there must also be the positive opinion of the head of the bar association for the completion of the internship.

4.3. Notarized copy of the diploma of the law faculty of the respective university.

4.4. Notarized photocopy of the list of grades issued by the respective university.

4.5. Identity card (in the absence of a personal certificate) of the applicant.

4.6. Penalty certificate from the Ministry of Justice, of the applicant, to verify that there is no criminal precedent. The penalty certificate cannot be issued by the competent body more than 3 months from the date of application.

4.7. Acknowledgment of the foreign diploma, or certification from the Ministry of the Interior that he has completed the application for its validation (For applicants who graduated from abroad).

4.8. Photo with dimensions 5 x 4, piece 2.

4.9. The registration fee as an assistant is 1,000 (one and a half) lek.

Article 5 – Registration of Foreign Nationals
Pursuant to Article 36 of the law, foreign citizens who want to apply to be registered as an assistant at an office or law firm, in addition to the above, must also present an official document issued by a public institution in the Republic of Albania where to verify that the candidate for assistant speaks the Albanian language.

If the applicant has such a document from a private entity, then it can be registered only if the application is made by the applicant himself in the presence of the president of the National Chamber of Advocates.

Article 6
6.1. The number of candidates for registration as an assistant is unlimited. This means that every candidate who wants to register and meets the above criteria can register without limitation.

6.2. The National Bar Association, after registering all candidates to take the bar exam, at the request of the Ministry of Justice, sends the final list, no later than the date set for the exam. This list is recorded. and is not accompanied by the individual registration documents of the candidates. The personal documentation of each candidate can be made available to persons authorized by the Ministry of Justice, for possible verifications.

6.3. After the end of the one-year term, according to the criteria defined above, the lawyer or the law office where the lawyer candidate completed his internship, provides the latter with a letter of recommendation, where he expresses his opinion regarding the professional and ethical preparation of the assistant, as well as with his own opinion if he should undergo the qualifying exam or if there is a need for a postponement of the assistant's training period. This letter of recommendation becomes part of the applicant's file. The absence of the applicant with a letter of recommendation can be considered as a silent expression of positive opinion by the lawyer or the law office and the applicant can undergo the qualifying exam.

Article 7 - Exemption from Obligation to Register as an Assistant
Exemption from the obligation to register as an assistant for the categories cited in Article 28 of the law, is made on the basis of the proposal of the President and General Secretary of the KA, PRINCIPALLY , or based on the request of the interested person. The approval of the exemption from the right to fulfill the obligation of the one-year internship period, according to point b of Article 25 of the law, is done automatically.

This article does not apply to persons for the duration of their employment in the public administration, but only after these relationships are terminated.

 
Article 10 - Announcement of the Exam and Registration of Candidates
The announcement of the date of the exam is made by decision of the Governing Council. Persons interested in participating in the exam are notified by making a publication in the National Bar Association or by other means of public communication. The announcement has the format of a notification for participation, where all interested candidates who meet the legal criteria are invited to appear at the National Chamber of Advocates for registration and for detailed information. In the notification for the conduct of the qualifying exam, the date, place and time are cited. where it will take place, the deadline for starting the registration, which cannot be more than 30 days from the day announced for the conduct of the exam, as well as the deadline for completing the registration, which is not less than three days from the day of exam development.

 

Article 11 - Registration of Candidates for Exam Participation
The registration of the candidates is carried out by their personal appearance (or by proxy of representation by other persons) at the administration of Dh.KA. The registration is accompanied by the payment by the candidate of the fee for participation in the exam. The fee paid is non-refundable in any case. even if you are declared the winner or not, with the exception of the case when the candidate does not appear in the exam. In this case, the fee paid is returned to the registered person who does not appear in the exam, but it can also be used as payment of the fee for participation in the next exam.

The administration, after verifying the candidate's file and finding it in accordance with the law, the statute and this regulation, registers the candidate by providing him with the registration document, which also states the place, date and time of appearing in the exam. At the time of registration, the administration provides the candidate with the following literature:

  • Bar Exam Program
  • The Statute of the National Bar Association
  • The Lawyer's Code of Ethics

At the end of the announced registration period, the administration suspends the registrations and compiles the lists of participation in the exam. The lists are drawn up in alphabetical order and at the same time, according to the alphabetical order, it determines the halls in which the candidates will be arranged. This is done in function of the number of candidates registered and the capacity of the examination halls available, maintaining as a basic criterion the arrangement of candidates in such a way as to eliminate the possibility of copying and communication between candidates. In ordinary halls this number should not exceed more than 50 candidates in a hall. The lists compiled in this way are saved and made available to the examination commission, which in turn hands them over to the monitoring commissions for possible verifications of the participants.

Article 12 - Exemption from the obligation to participate in the exam
Exemption from the obligation to participate in the exam for the categories cited in Article 27 of the law, is made on the basis of the proposal of 1/3 of the members of the Governing Council of Dh.KA, PRINCIPALLY , or based on the request of the interested person and decided with secret ballot to K. Director. In case the candidate wins 50% +1 of the votes of the present members of the Governing Council, within 10 days it is proposed to the Minister of Justice for approval for exemption from the right to undergo the mandatory qualifying exam. In case the voting results in an equal number of votes, the chairman's vote is decisive.

Article 13 - Drafting of the Exam Thesis and Points According to Subjects

The drafting of the exam thesis is carried out by the Qualification Exam Commission. The exam is done by development. The exam thesis must necessarily consist of theoretical questions and the practical part.

The theoretical questions are drawn up with content from the main areas of law as follows:

- Constitutional right.10 points.
- Civil law.20 points.
- The right to civil procedure.10 points.
- Criminal law.20 points.
- The right to criminal procedure.10 points.
- Administrative law.10 points.
- Family law.10 points.
- Labor or Commercial law.10 points.
- Law on Advocacy in the Republic of Albania.10 points.

The practical part consists of two cases of judicial practice:

- The case of civil law and civil procedure.20 points.
- The case of criminal law and criminal procedure.20 points.

The evaluation of the thesis is done with points with a possible maximum of 150. The candidate who is evaluated with 50 % + 1 of the maximum points (76 points in total) is declared the winner of the qualification exam.

The drafting of the thesis with the above content is done 16 hours before the exam, in 5 (five) different variants, which are sealed in envelopes and deposited in the safe of the DH.Kanga next to the Chairman in the presence of the committee. It is the Chairman in the presence of the committee who pulls the envelopes from the safe and transports them to the place where the exam will take place.

Article 14 - Place of Examination and Identification of Candidates
14.1. Place of development of the exam is outside the premises of the KA, in halls provided by the administration of the Chamber. The halls should be suitable for this purpose and university halls should mainly be used, where writing is possible under normal conditions. The system of candidates is done in accordance with the lists drawn up in alphabetical order.

14.2. business hours the start of the exam is at 10 o'clock and the end at 2 o'clock. The exam lasts a total of 4 hours. The last two candidates complete the submission at the same time.

14.3. iDENTIFICATION of candidates is made according to the appeal made by the monitoring commission with one of the legal identification documents (passport, letter of notification, certificate with photo or patent) and takes place according to the order defined in the list. For candidates who do not provide the possibility of identification with legal means, the exclusion from participating in the exam is made.

Article 15 - Exam Development Procedures
The qualification exam starts at 10 o'clock on the announced date. Each participant is given a practice sheet consisting of 6 sheets of A4 format, for the development of the thesis. On the first page of this practice, the candidate fills in the personal data requested in it.
The chairman of the examination committee in the presence of the members explains to the participants:

  • for the development of the thesis (with development)
  • for the start and end time of the exam
  • for the registration of the name on the first page and other data according to the format, clarifying that the title should not be developed on the first page, as it will be used for secret purposes.
  • for turning off mobile phones and placing books, songs or any other means of communication in a visible and easily controlled place.
  • for exemption from the exam in case of copying and communication.
  • for the way of communication with the members of the exam commission and monitoring in case of need, which should be in a low voice and calling to the place where the exam is held.
  • the selection of the thesis envelope by random choice in front of the auditor. After the selection of the thesis is made, each candidate is given by the administrative staff and the monitor a sheet with the selected thesis and announces the start of the exam.

After the end of the exam schedule defined in this regulation, the administration staff collects all the practices of the candidates as well as all other materials used in the exam, and in the presence of the qualification exam committee, they are transported to headquarters of the DH.KA, the Commission appoints at the moment a person who has not participated and has no conflict of interest regarding the exam, to secrete the practices, marking the chronological number from 1 to the last practice and on each sheet each practice. After that, the first sheet is torn off, where the name and corresponding corresponding number for each practice is written, and all the first sheets are conserved by the committee chairman in a closed place, until the practices are corrected according to the chronological numbers.

Article 16 - Examination Correction and Results Announcement
16.1. Correction deadlines, evaluation procedures and announcement of results
The deadline for completion of corrections is 20 days from the day of the end of the exam. The thesis is evaluated with points with a possible maximum of 150. The candidate who is evaluated with 76 points (50 % + 1 of the points) is declared the winner of the qualification exam. The announcement of the exam results is made by the qualification exam commission after the completion of corrections by the members of the correction commission.
The announcement of the results is made no later than 2 days after the end of the correction period. For the members of the commission who violate the above deadlines, measures with financial effect are taken (deduction from the remuneration provided for this purpose) up to suspension and replacement with another member. .The above measures were taken by decision of the Governing Council at the proposal of the qualifying examination commission.
The correction of the exams is done by evaluating each practice labeled with an ordinal number with points from 0 to 10 or up to 20, as the case may be (candidates' names are secret) of the conserved practices up to the maximum limit of points defined in this regular. The evaluation is done according to the forms prepared by the administration of the chamber, where each corrector, member of the correction commission, maintains his confidentiality. At the end, the correctors submit the individual results obtained from the evaluation to the Qualifying Examination Commission, which in turn put the data of each corrector into summary tables, making the classification order according to the accumulated points, with descending order , from the candidate evaluated with the most points to the one who has accumulated the fewest points. After the dividing limit of 76 points has been set, which represents the qualifying limit, the corresponding number is unified with the corresponding name according to the secret list, completing the table with all its parameters, from which the winning candidates emerge.
This list is announced in the premises of the National Bar Association.

16.2. The right to review the result
All candidates who have undergone the qualification exam and have not been successful, and the difference of their points from the minimum limit is not greater than 10 points, have the right to request a reevaluation of their exam. The request for re-evaluation is made no later than 48 hours from the day of the announcement of the exam results and is submitted in writing to the administration of Dh.KA. disputed persons and presents it to the Chairman of the Examination Committee. The latter gathers the other members of the committee and draws up a re-correction program by the members of the correction committee with the aim that no later than 10 days from the day of the complaint, this process has completed. The results obtained from the re-correction process are final and unappealable in other structures of the Chamber.
It will be called illegitimate, and as such, the request of any of the losing or winning candidates, as well as any other person who is a member of the House or not, for the confrontation of the exam or the reevaluation of the results of the other candidates participating in the exam will not be accepted.

Article 17 - The Right to Repeat the Qualification Exam
All candidates who have not been successful in an exam season, have the right to repeat the qualification exam as many times as they want, being subject to the legal obligation as an assistant to a lawyer for another 6-month period. For each case, the new registration fee will be paid, the same as in the first registration and as for every candidate who is newly registered.

Article 18 - Remuneration of Committee Members
The members of the commissions mentioned in this regulation fulfill the purpose recognized by the law, the statute and this regulation, against a reward.
The amount made available for this purpose is determined depending on the number of candidates, the correction norms, as well as the amount of remuneration set for each internship. In any case, the only source of funding that will be used for this purpose is provided entirely from the income realized from the registration of candidates. The basic regulation for the correction of each practice cannot be less than 10 minutes. The compensation level of correction commissioners cannot be less than 3000 (Three thousand) lek per hour. The exact calculation of this reward will be done case by case and for each member of the correction commission separately. The members of the monitoring commission receive a reward, which is determined case by case by the Qualification Examination Commission.
The members of the examination commission, if deemed necessary, can benefit from an addition of 5 % to the amount paid to the members of the correction commission, in the event that they participate in the correction and a reward equal to that of a commission member, without appendix 5 %, in the case when he is not a member of the correction commission.
The reward includes the gross amount of income and is given when the entire process is completed until the announcement of the results, including corrections in the case of contesting the results, as defined in this regulation. Recorrection of exams is carried out by these commission members without additional remuneration.
The finance branch performs all the actions of distributing the reward, respecting the legal requirements in the field of personal income tax.

Conditions to be met for registration

Article 1

1.1. This regulation determines the conditions, deadlines and procedures for giving the exam and announcing the results, to obtain the title of lawyer in R.Sh.

1.2. The title gives the lawyer the right to exercise the free profession of lawyer only in accordance with law no. 9109 dated 17.07.2003, amended by law no. 9795 dated 23.07.2007 and law no. 10047 dated 24.12.2008 "For the profession of lawyer Republic of Albania ".

1.3. For the purpose of interpretation, in this regulation the laws cited in point 1.2 of article 1 will be included with the word law.

 
 

Article 2
2.1. In support of Article 25 of the law, the profession of lawyer can be exercised by any Albanian citizen or foreigner who has completed higher legal education inside or outside the country. In the sense of this expression, they will be considered as documents for the recognition of higher legal education. .

2.1.1 Scientific Master's degrees and professional Master's degrees, issued by public universities resident in Albania.

2.1.2 Scientific Master's degrees and professional Master's degrees, issued by private universities with positive accreditation, in the Republic of Albania.

2.1.3 Diplomas issued by foreign universities not resident in Albania, provided that the lattervalidated from MES as Scientific Master and Professional Master degrees, through an individual written document and case by case, for each candidate who appears.
In any case, the university that has issued diplomas according to the above quote must be positively accredited by the Higher Education Accreditation Council and announced by decision of the Minister of Education and Science, according to Article 62 of Law No. 9741 dated 21.05.2007. For higher education in the Republic of Albania". The accreditation decision must necessarily be positive or conditional accreditation. Negative accreditation cannot create the possibility for the recognition of the diploma for the effect of registration for practicing the profession of lawyer.

Article 3 – Registration as an Assistant
3.1. According to the requirements of the law, the first step of registration for a lawyer candidate is the registration as an assistant lawyer, near a lawyer or law office. The registration of candidates as an assistant can only be done after the candidate has obtained the law degree from the law faculty of the universities. determined according to article 2 of this regulation. In this sense, no lawyer or law office can accept assistants and issue certificates for assistant lawyers before the date of the candidate's diploma and none of the candidates can undergo the qualifying exam, when the date of the exam is less than 365 calendar days, even if it is provided with such a certification from a lawyer or law office before this deadline.

The Chamber's administration is responsible for the registration of persons in conflict with this criterion.

3.2. The registration of the assistant can be done near the bar association where the candidate resides or, near the National Bar Association. The internship period is 12 months for all assistants of the Tirana Bar Association and not less than 11 months for assistants registered in the District Bar Associations. This term, classified as above, begins on the day the applicant for the assistant is provided with the identity card for the assistant, according to the module determined by the Directing Council of DH.KA for this purpose. In the event that the applicant for an assistant has filed the request with the lawyer's chamber of the district in which he resides, the head of the respective chamber must file them in the Chamber of Deputies, which in turn provide the applicant candidate with the assistant's identity card.
In the event that, within 30 days from the day of filing the request, the CA does not reject the applicant's request for registration as an assistant in writing, the registration is considered automatically completed.

Article 4 – Documents for registration
The documents for the registration of the candidate for the equipment with the identity card for the assistant are:

4.1. Written request for registration.

4.2. The certification of the lawyer or law office, where it is accepted that the applicant completed the 1-year internship period. This certification must be issued by a lawyer or law office, a member of the bar association where the applicant has his residence.
In the applicant's file, there must also be the positive opinion of the head of the bar association for the completion of the internship.

4.3. Notarized copy of the diploma of the law faculty of the respective university.

4.4. Notarized photocopy of the list of grades issued by the respective university.

4.5. Identity card (in the absence of a personal certificate) of the applicant.

4.6. Penalty certificate from the Ministry of Justice, of the applicant, to verify that there is no criminal precedent. The penalty certificate cannot be issued by the competent body more than 3 months from the date of application.

4.7. Acknowledgment of the foreign diploma, or certification from the Ministry of the Interior that he has completed the application for its validation (For applicants who graduated from abroad).

4.8. Photo with dimensions 5 x 4, piece 2.

4.9. The registration fee as an assistant is 1,000 (one and a half) lek.

Article 5 – Registration of Foreign Nationals
Pursuant to Article 36 of the law, foreign citizens who want to apply to be registered as an assistant at an office or law firm, in addition to the above, must also present an official document issued by a public institution in the Republic of Albania where to verify that the candidate for assistant speaks the Albanian language.

If the applicant has such a document from a private entity, then it can be registered only if the application is made by the applicant himself in the presence of the president of the National Chamber of Advocates.

Article 6
6.1. The number of candidates for registration as an assistant is unlimited. This means that every candidate who wants to register and meets the above criteria can register without limitation.

6.2. The National Bar Association, after registering all candidates to take the bar exam, at the request of the Ministry of Justice, sends the final list, no later than the date set for the exam. This list is recorded. and is not accompanied by the individual registration documents of the candidates. The personal documentation of each candidate can be made available to persons authorized by the Ministry of Justice, for possible verifications.

6.3. After the end of the one-year term, according to the criteria defined above, the lawyer or the law office where the lawyer candidate completed his internship, provides the latter with a letter of recommendation, where he expresses his opinion regarding the professional and ethical preparation of the assistant, as well as with his own opinion if he should undergo the qualifying exam or if there is a need for a postponement of the assistant's training period. This letter of recommendation becomes part of the applicant's file. The absence of the applicant with a letter of recommendation can be considered as a silent expression of positive opinion by the lawyer or the law office and the applicant can undergo the qualifying exam.

Article 7 - Exemption from Obligation to Register as an Assistant
Exemption from the obligation to register as an assistant for the categories cited in Article 28 of the law, is made on the basis of the proposal of the President and General Secretary of the KA, PRINCIPALLY , or based on the request of the interested person. The approval of the exemption from the right to fulfill the obligation of the one-year internship period, according to point b of Article 25 of the law, is done automatically.

This article does not apply to persons for the duration of their employment in the public administration, but only after these relationships are terminated.

  •  
Regulations of Tirana elections

 

REGULATION

 

RESIDEORGANIZATION AND DEVELOPMENT OF ELECTIONS

RESIDER ROOMN LOCAL TO LAWYER TIRANA

 

 

Pursuant to Article 32 of Law 55/2018, Article 37 et seq. of the Statute and the decision of the General Council of the Republic of Macedonia. of July 2021, the DHASH Steering Committee issues this regulation.

The elections in the bar chambers will take place in the period October 2021- March 2022 according to the program drawn up and approved for this purpose.

The Tirana elections will take place after the election process has been completed in all the local chambers of the Bar of the Republic of Albania and under the care, monitoring and responsibility of the Chamber of Bars of Albania.

The elections in the governing structures will aim at the election of governing bodies, based on the principle of competitiveness, honesty and transparency.

 

The meeting of the General Council of the Chamber of Advocates of Albania is organized no later than 30 calendar days after the end of the elections at the national level.

This regulation serves only for the organization of the elections of the governing bodies of the Tirana Local Chamber of Advocacy.

 

  1. PRINCIPLES OF GENERAL OF ORGANIZATION OF ELECTIONS

 

The elections for the governing bodies of the Tirana Bar Association are organized in one round according to the one member one vote principle. The voting model is basically one member one vote. The election process provides for voting only, without debate and without prior organization. All candidates have the right to organize meetings with electing lawyers to present their platforms and, at the same time, the Albanian Bar Association has the obligation to reflect the platform of each candidate on its official website.

Voting starts at 08.00 and ends at 18.00. The voting process may last beyond the time defined above, until the moment when there are no more voters outside the ballot box.

The electoral process includes voting for the president of the local bar association, the secretary of this association and the members of the Steering Committee of the association.

The principle of voting one member one vote includes only the election of the chairman and representatives of this chamber in the General Council of Advocacy.

The candidacy for chamber president is based on the free expression of interest by any lawyer who meets the following criteria:

 

  • Have practiced the profession of lawyer for more than 10 years;
  • No administrative measures have been taken against them by the disciplinary bodies of DHASH or any other proceeding body;
  • To have no obligations towards tax authorities or any other public body;
  • To have a clean moral and professional image;

 

Yes, through the principle of one member one vote, the voting for the representatives of the Local Chamber of Advocacy in Tirana for the KP of DHASH is also done. Referring to the Statute of the Chamber, the number of representatives to the KP of DHASH is 40, divided into 18 male members and 12 female members. For this purpose, the ballot will be composed in the above two groups, for which voting will be done separately for men and separately for women.

Expression of interest in candidacy is done by filling in the forms prepared for this purpose.

At the end of the election results, the first 10, of which 3 women and 7 men, adding the president elected by the vote for president, will constitute the Steering Committee of the Tirana Local Chamber of Advocacy.

 

  1. ELECTION COMMISSION

In order to ensure the smooth running of the elections of the Tirana Bar Association, the Steering Committee of DHASH has decided to set up the Voting Committee, which consists of 7 members and will have the following composition:

  • A representative of the Chamber of Advocates of Albania, who will be appointed chairman of the Electoral Commission, based on the principle provided by law no. 55/2018, according to which the elections are organized under the auspices of DHASH.
  • For each entity running for president, a member of this Commission must be appointed by them, who must be from the ranks of lawyers with the right to vote. In case the number is not met or exceeds the number of 7 members of this Commission, the seats are assigned by lot.
  • The members of the Electoral Commission must guarantee a process as regular as possible and in full compliance with the rules set by the Bar Association of Albania. The designated members of the commission cannot be part of the candidacies running for the governing bodies of the Local Chamber. In the event of a vacancy for members of the Electoral Commission, as a rule, the vacancy is automatically filled by the candidates proposed by the competing entities.

 

Decisions of the Voting Commission are made at the meetings of the latter, in the presence of at least 2/3 of it. Decisions are made by a simple majority of the members present. An appeal can be made against the decision of the commission to the Steering Committee of DHASH. The decision of the Steering Committee can be appealed according to the procedures defined in K.Pr. Administrative.

The electoral commission will exercise its functions in the premises of DHASH and will meet no later than two days before the elections. The activity of the Electoral Commission extends to the release of the final result and the compilation of administrative acts for this purpose.

The local election commission relies on logistics and assistance from the Albanian Bar Association.

 

 

  • DETERMINATION OF THE COMPOSITION OF THE GOVERNING BODIES

 

The representatives of the Tirana Local Chamber of Advocacy to the General Council of DHASH will consist of 40 lawyers, who will be selected through secret ballot according to the principle of one member one vote from the membership of the Tirana Chamber of Advocacy, according to a division into three layers of representation , like below:

  • 18 representatives, these representatives for the KP of DHASH will be selected from the list of male candidates.
  • 12 representatives will be selected from the list of candidates who meet the criteria for gender equality and the inclusion of female candidates in this body.

 

  1. CRITERIA FOR APPOINTMENT OF CANDIDATES

 

Candidacy according to the above division is without limitations in number and the basic criteria for candidacy will be:

 

  • Have paid the membership fee for 2021;
  • To be registered with the KKB and have an active status of their subject;
  • To be employed according to the legislation of the field in a law office licensed as such and recognized by DHKA.
  • Those lawyers who benefit from old-age pension and have paid the annual lawyer's fee, regardless of whether they are registered or not with the tax authority, have the right to apply for candidacy.

 

  1. METHOD OF ORGANIZING ELECTIONS

 

The election process is considered to have started from the moment of their announcement on the subject's official website.

 

  1. Beginning of voting procedures

The Chamber of Advocates of Albania announces for this purpose on its official website the beginning of the election procedures, where, among other things, it has the duty to clarify the membership in relation to what is defined in this regulation and at the same time to invite them to run according to the division defined in this regular. In particular, the notification for the announcement must contain information about the date of the elections, the place where the elections will be held, the method and documentation necessary for candidacy, the method of voting, the right to run and vote, as well as other procedures that related to the electoral process.

 

  1. Collection of candidacies

The collection of candidacies is the first stage of the election process. For this purpose, together with the announcement, it announces the standard forms of candidacy, according to the expression of interest for each position in the governing bodies for the elections of the Tirana local bar association. By completing these forms, lawyers who meet the criteria according to this regulation, are invited to express their interest in running for office, by filing it with the General Secretary of DHASH. The form requires data regarding the identity of the lawyer who will run, the registration with DHASH and the tax authority, the judicial situation and disciplinary measures against him, as well as the candidature. The deadline for the meeting of candidates is set for Wednesday, February 23, 2022, at 4:00 p.m.

The administration of DHASH, after collecting the candidacies, makes the grouping according to the voting bands defined in this regulation and announces the lists of candidates.

The announcement of the lists of candidates is made on the official website of this entity.

 

  1. Drafting of voting lists

Drafting of the voting list is the direct responsibility of the governing bodies of the Chamber of Advocates of Albania. For this purpose, the President of DHASH appoints the responsible persons who will deal with this very important process and monitors the progress of the process from an administrative point of view.

Determining the list of members of the chamber who have the right to run for office and vote, is based on the criteria defined by the KP of DHASH. For this purpose, the list of lawyers who have paid the membership fee for 2021 is drawn up from the basic register of lawyers at DHASH. In parallel with this, the list of lawyers who are registered with the tax authority as well as the list of lawyers attached to law offices (studios), employed according to Albanian legislation for this purpose, according to physical or legal entities. In the same way, all those lawyers who are part of law offices or studios and have an employment relationship according to the Albanian legislation in force will also be part of the lists. The determination of the list of this category is guided by two main criteria, to be registered according to the Albanian legislation in the field of employment and to pay the contribution of social and health insurance by the subject, according to the rules defined in the relevant legislation. The lists for this category are filed by the owner of the declaring entity and in case of false statements, the declarant will bear disciplinary responsibility and will be subject to the disciplinary process before the Disciplinary Committee that operates as a special structure at DHASH.

Once the lists defined as above are provided, the names defined in these two lists are cross-referenced, reconciling with the criteria defined in this regulation. At the end of this process, the final list of voting members is drawn up. This list is published on the official website dhka.org.al and all lawyers who have claims regarding the final published list, must be presented to the Electoral Commission to request the completion of deficiencies and the regulation of errors found. Twenty-four hours before the start of the elections, the corrected lists become final, and intervention in the addition or reduction of certain names is no longer allowed.

Part of these lists will be all lawyers who enjoy the right to old age pension and who have paid the annual lawyer's fee.

The same procedure is followed for correcting the list of accumulated candidacies.  

Voting lists, together with the necessary voting infrastructure, are submitted to the Election Commission no later than 24 hours before the start of voting.

  1. Ballot paper

The voting process consists in the preparation of voting on three sheets, where on each of them the names of the candidates will be written according to the bands defined in this regulation. On each of these sheets, the names of the candidates who have expressed interest according to the level of representation defined in chapter III of this regulation will be listed in alphabetical order. The sheets will have different colors for the effect of distinguishing one from another.

Even the voting lists are part of the election material and are submitted to the Commission according to the rules defined in point 4.

  1. Method of voting

The voting of the candidates collected according to the above procedure will take place on a single day, without debate, through secret voting according to the one member one vote principle. Voting day is set for Saturday, March 26, 2022. Voting will take place in a single center with several secret voting rooms, where free and independent voting is guaranteed. The voting center will open at 8:00 a.m. on this date and will close at 6:00 p.m. on the same date, according to the rule of postponing the voting time until there is no member outside the voting center with the right to vote who does not have voted and expressed interest in such a thing. In such a case, the closing of the ballot box will be postponed until the end of the voting of the last member with the right to vote who is in the voting center. Each voter appears before the election commission with an identification document, where the lawyer's card can also be considered as such, and will be provided with the three ballot papers, in which they will select by placing a special mark next to to the candidates he wants to vote for, no more than a number equal to the number of members determined according to the levels defined in chapter III of this regulation. The number of candidates who will be voted for according to the bandages is 18 male lawyers and 12 members from the list of female candidates. After the voting is finished, the paper is folded and thrown into each of the boxes placed for this purpose. Each ballot box will have the distinctive color of the ballot paper.

 

  1. Voting closing and counting procedures

With the end of the voting procedures according to the deadline and the rules defined in point 5 of these rules, the chairman of the Commission verifies if there is a presence of voters in the voting hall and if the lack of presence is found, he declares the end of the voting process.

At this moment, the ballot boxes are sealed and transported to the headquarters of the Chamber of Advocates of Albania. Upon arrival at these premises, the Commission empties the boxes and begins filling in the voting minutes. The voting minutes contain information about the development, completion, counting and announcement of winners. It is a standard protocol approved by the governing bodies of DHASH.

The counting process begins immediately and is uninterrupted until the final announcement of the voting results. At the Commission, the entities competing for the position of the president of the Local Chamber of Advocacy have the right to appoint up to one observer of the process.

During the vote counting process, no person not authorized by this regulation is allowed to approach the counting place.

 

  1. Order and calm during the voting and vote counting process.

During the voting, it is not allowed for the persons present who follow the voting process to speak loudly and call on the lawyers who go to the ballot boxes to vote for certain persons. The Chairman of the Commission, when he finds such an action, takes measures for the permanent removal from the hall of the person who commits such an action, directing you to the security personnel who will be present to guarantee a regular election process.

If the Chairman of the Committee assesses that the actions of any lawyer present during the voting process have been carried out significantly in violation of the general rule and that the voting process has been violated, he has the right to, in addition to leaving the hall, refer to the Disciplinary Committee of the Chamber of Deputies. Bar of Albania to examine the behavior of the lawyer and take disciplinary measures against him.

Similarly, during the process of counting votes, depending on the available spaces, a presence of the lawyers who ran can be allowed, who in this case should not communicate with the members of the Commission as they will be subject to the specified sanctions above.

  1. Announcement of results and appeal.

After the counting of the votes and the ranking of the candidates according to the votes won, the Commission announces the winning candidates according to the order of the votes won. The tally of votes obtained by each candidate is binding on all candidates, whether they are winners or not, due to the filling of the vacancy in every possible case.

The announced results are recorded in the voting minutes, at the end of which there is an explanatory column, where each of the members of the Commission has the right to express their opinions regarding the irregularities found by them during the voting process.

Voting results are made public, announcing them in the premises of the Chamber of Advocates of Albania and on the subject's official website.

Candidates who have claims regarding the voting results have the right to appeal to the Voting Commission, forty-eight hours after the announcement of this result on the official website.

The Chairman of the Voting Commission, after being familiar with the appeal request filed with him, convenes the Commission regarding the further handling of the request and the Election Commission takes a decision with a simple majority of the appointed members of the Commission.

If he considers the request to be reasonable, he forwards it to the President of DHASH within twenty-four hours from the deadline for filing the appeal, provided for in this regulation. The latter convenes the DHASH Steering Committee within forty-eight hours and examines the request. The decision taken is returned to the complaining party and the Commission immediately.

The decision of the Steering Committee is the highest administrative act against the appeal request.

  1. FINAL PROVISIONS

This regulation is valid only for the organization of the elections of the Tirana Bar Association, dated March 26, 2022.

Its effects come into force on February 27, 2022, the day on which the rules and criteria for the organization of elections were approved by the KD of the Chamber of Advocates of Albania.

Approved by decision of the Governing Council of the National Chamber of Advocacy, dated February 27, 2022.

 

PER THE STEERING COMMITTEE TE  GAVE

 

HEAD

Prof. Maksim R. HAJHIA

Duties of the governing bodies of DHKA for the qualifying exam

Article 1

1.1. This regulation determines the conditions, deadlines and procedures for giving the exam and announcing the results, to obtain the title of lawyer in R.Sh.

1.2. The title gives the lawyer the right to exercise the free profession of lawyer only in accordance with law no. 9109 dated 17.07.2003, amended by law no. 9795 dated 23.07.2007 and law no. 10047 dated 24.12.2008 "For the profession of lawyer Republic of Albania ".

1.3. For the purpose of interpretation, in this regulation the laws cited in point 1.2 of article 1 will be included with the word law.

 

Article 2
2.1. In support of Article 25 of the law, the profession of lawyer can be exercised by any Albanian citizen or foreigner who has completed higher legal education inside or outside the country. In the sense of this expression, they will be considered as documents for the recognition of higher legal education. .

2.1.1 Scientific Master's degrees and professional Master's degrees, issued by public universities resident in Albania.

2.1.2 Scientific Master's degrees and professional Master's degrees, issued by private universities with positive accreditation, in the Republic of Albania.

2.1.3 Diplomas issued by foreign universities not resident in Albania, provided that the lattervalidated from MES as Scientific Master and Professional Master degrees, through an individual written document and case by case, for each candidate who appears.
In any case, the university that has issued diplomas according to the above quote must be positively accredited by the Higher Education Accreditation Council and announced by decision of the Minister of Education and Science, according to Article 62 of Law No. 9741 dated 21.05.2007. For higher education in the Republic of Albania". The accreditation decision must necessarily be positive or conditional accreditation. Negative accreditation cannot create the possibility for the recognition of the diploma for the effect of registration for practicing the profession of lawyer.

Article 3 – Registration as an Assistant
3.1. According to the requirements of the law, the first step of registration for a lawyer candidate is the registration as an assistant lawyer, near a lawyer or law office. The registration of candidates as an assistant can only be done after the candidate has obtained the law degree from the law faculty of the universities. determined according to article 2 of this regulation. In this sense, no lawyer or law office can accept assistants and issue certificates for assistant lawyers before the date of the candidate's diploma and none of the candidates can undergo the qualifying exam, when the date of the exam is less than 365 calendar days, even if it is provided with such a certification from a lawyer or law office before this deadline.

The Chamber's administration is responsible for the registration of persons in conflict with this criterion.

3.2. The registration of the assistant can be done near the bar association where the candidate resides or, near the National Bar Association. The internship period is 12 months for all assistants of the Tirana Bar Association and not less than 11 months for assistants registered in the District Bar Associations. This term, classified as above, begins on the day the applicant for the assistant is provided with the identity card for the assistant, according to the module determined by the Directing Council of DH.KA for this purpose. In the event that the applicant for an assistant has filed the request with the lawyer's chamber of the district in which he resides, the head of the respective chamber must file them in the Chamber of Deputies, which in turn provide the applicant candidate with the assistant's identity card.
In the event that, within 30 days from the day of filing the request, the CA does not reject the applicant's request for registration as an assistant in writing, the registration is considered automatically completed.

Article 4 – Documents for registration
The documents for the registration of the candidate for the equipment with the identity card for the assistant are:

4.1. Written request for registration.

4.2. The certification of the lawyer or law office, where it is accepted that the applicant completed the 1-year internship period. This certification must be issued by a lawyer or law office, a member of the bar association where the applicant has his residence.
In the applicant's file, there must also be the positive opinion of the head of the bar association for the completion of the internship.

4.3. Notarized copy of the diploma of the law faculty of the respective university.

4.4. Notarized photocopy of the list of grades issued by the respective university.

4.5. Identity card (in the absence of a personal certificate) of the applicant.

4.6. Penalty certificate from the Ministry of Justice, of the applicant, to verify that there is no criminal precedent. The penalty certificate cannot be issued by the competent body more than 3 months from the date of application.

4.7. Acknowledgment of the foreign diploma, or certification from the Ministry of the Interior that he has completed the application for its validation (For applicants who graduated from abroad).

4.8. Photo with dimensions 5 x 4, piece 2.

4.9. The registration fee as an assistant is 1,000 (one and a half) lek.

Article 5 – Registration of Foreign Nationals
Pursuant to Article 36 of the law, foreign citizens who want to apply to be registered as an assistant at an office or law firm, in addition to the above, must also present an official document issued by a public institution in the Republic of Albania where to verify that the candidate for assistant speaks the Albanian language.

If the applicant has such a document from a private entity, then it can be registered only if the application is made by the applicant himself in the presence of the president of the National Chamber of Advocates.

Article 6
6.1. The number of candidates for registration as an assistant is unlimited. This means that every candidate who wants to register and meets the above criteria can register without limitation.

6.2. The National Bar Association, after registering all candidates to take the bar exam, at the request of the Ministry of Justice, sends the final list, no later than the date set for the exam. This list is recorded. and is not accompanied by the individual registration documents of the candidates. The personal documentation of each candidate can be made available to persons authorized by the Ministry of Justice, for possible verifications.

6.3. After the end of the one-year term, according to the criteria defined above, the lawyer or the law office where the lawyer candidate completed his internship, provides the latter with a letter of recommendation, where he expresses his opinion regarding the professional and ethical preparation of the assistant, as well as with his own opinion if he should undergo the qualifying exam or if there is a need for a postponement of the assistant's training period. This letter of recommendation becomes part of the applicant's file. The absence of the applicant with a letter of recommendation can be considered as a silent expression of positive opinion by the lawyer or the law office and the applicant can undergo the qualifying exam.

Article 7 - Exemption from Obligation to Register as an Assistant
Exemption from the obligation to register as an assistant for the categories cited in Article 28 of the law, is made on the basis of the proposal of the President and General Secretary of the KA, PRINCIPALLY , or based on the request of the interested person. The approval of the exemption from the right to fulfill the obligation of the one-year internship period, according to point b of Article 25 of the law, is done automatically.

This article does not apply to persons for the duration of their employment in the public administration, but only after these relationships are terminated.

 
Article 8
The Governing Council of the National Chamber of Advocates is the only body that regulates with administrative acts the organization, development and announcement of exam results.

 

No later than the end of the first month of each year, the Governing Council appoints:

  • The number of exams that will be held within the year, the dates of their development as well as the payment fees for participating in the exam.
  • The number of candidates who will participate in the qualification exams (with or without limit).
  • Designing the qualifying exam program.
  • The composition of the qualification examination committee. This commission will be permanent for the exercise year.
  • Measures for the organization and conduct of the exam.

8.1. Exam dates and registration fees

The qualification exams will be held twice a year. As a rule, the development dates will be the last Saturday and Sunday of the month of March and the last Saturday and Sunday of the month of September. The payment fees are calculated case by case with the cost of organization, development and announcement of the exam results. .

8.2. Determining the number of candidates who will participate in the qualification exams

The number of candidates who can participate in the qualification exams is usually unlimited. This means that all those candidates who meet the criteria defined in the law, the statute and this regulation, can undergo the qualifying exam without any restrictions.

If it deems it reasonable, the Governing Council, in accordance with point 2 of article 26 of the law, may designate a limited number of participants in the qualification exams, and in this case it is obliged to set legal criteria for participation in the exam.

In such a case, the announcement of the limited number and the defined criteria must be published no less than two months before the date of the exam. The publication is made in the premises of the KA

8.3. Qualifying exam program

The qualifying exam program aims to guide the candidates to prepare for the exam within this program. We will reflect the most important topics of all the subjects for which the candidates will undergo the exam. It is drawn up in the form of theses and defines the relevant literature for each subject.

This program must necessarily be made available to candidates no later than 30 calendar days before the qualification exam. For each exam date, a new program can be designed or, depending on its quality, it can be operated more than once with the same program.


Article 9 - The establishment of commissions for the development of the exam
9.1. Qualification Examination Commission

The Governing Council, in addition to the above measures, in accordance with Article 26, point 1, appoints the Qualification Examination Commission for the following year, within the month of January each year. This Commission is responsible for controlling the implementation of the law in all phases of the organization. , development and announcement of results. It is the only decision-making body for the measures that can be taken throughout this process. Decisions in the commission are made by simple majority of votes. If the number of votes is equal, the chairman's vote is decisive.

The commission has the following composition:

  • Three members appointed by K.Drejtues
  • A member appointed by the Minister of Justice
  • A member appointed by the academic staff of the Magisterial School

The Commission is headed by the President of the National Bar Association of Albania. The other two members appointed by the Governing Council are elected by consensus and, if not possible, by vote. If it is agreed, the voting can be open. The other two members, respectively from the Ministry of Justice and the School of Magistrates, are appointed by delegation from the heads of these institutions.

9.2. Examination Monitoring and Correction Commission

In addition to the qualification exam commission, the Governing Council also appoints exam monitoring and correction commissions. The members of the Qualification Commission are not denied the right to be elected to the monitoring and correction commissions.

Members of the Commissions mONITORING can also be selected by the Governing Council or by any other member of the KA. In these commissions, there must be members of the administration of the KA who deal with the technical problems that have to do with the organization and implementation of the decisions of the Exam Commission. as well as taking the necessary measures for the normal progress of the process before, during and after the exam. The members of the qualifying exam commission may or may not participate in the monitoring commissions. The number of members of the monitoring committee must be no less than 2 members for each exam room.

Commission i correction consists of a correction for each subject that contains the thesis of the exam. In the correction commission, persons with high professional integrity in the field of law, from the university academic world and who must be members of Dh.KA, as well as other personalities from the legal field with experience in such events, must be appointed. The members of this commission must express their readiness for correction with professionalism and, with correctness regarding the deadlines set in this regulation, otherwise the Qualifying Exam Commission can replace them with another one.

In the above two cases of the formation of commissions, the Qualification Examination Commission has the right to return to K.Drejtues special persons who do not meet the criteria. In such a case, the Governing Council replaces him with another one.

General provisions

Article 1

1.1. This regulation determines the conditions, deadlines and procedures for giving the exam and announcing the results, to obtain the title of lawyer in R.Sh.

1.2. The title gives the lawyer the right to exercise the free profession of lawyer only in accordance with law no. 9109 dated 17.07.2003, amended by law no. 9795 dated 23.07.2007 and law no. 10047 dated 24.12.2008 "For the profession of lawyer Republic of Albania ".

1.3. For the purpose of interpretation, in this regulation the laws cited in point 1.2 of article 1 will be included with the word law.

 

Article 2
2.1. In support of Article 25 of the law, the profession of lawyer can be exercised by any Albanian citizen or foreigner who has completed higher legal education inside or outside the country. In the sense of this expression, they will be considered as documents for the recognition of higher legal education. .

2.1.1 Scientific Master's degrees and professional Master's degrees, issued by public universities resident in Albania.

2.1.2 Scientific Master's degrees and professional Master's degrees, issued by private universities with positive accreditation, in the Republic of Albania.

2.1.3 Diplomas issued by foreign universities not resident in Albania, provided that the lattervalidated from MES as Scientific Master and Professional Master degrees, through an individual written document and case by case, for each candidate who appears.
In any case, the university that has issued diplomas according to the above quote must be positively accredited by the Higher Education Accreditation Council and announced by decision of the Minister of Education and Science, according to Article 62 of Law No. 9741 dated 21.05.2007. For higher education in the Republic of Albania". The accreditation decision must necessarily be positive or conditional accreditation. Negative accreditation cannot create the possibility for the recognition of the diploma for the effect of registration for practicing the profession of lawyer.

Article 3 – Registration as an Assistant
3.1. According to the requirements of the law, the first step of registration for a lawyer candidate is the registration as an assistant lawyer, near a lawyer or law office. The registration of candidates as an assistant can only be done after the candidate has obtained the law degree from the law faculty of the universities. determined according to article 2 of this regulation. In this sense, no lawyer or law office can accept assistants and issue certificates for assistant lawyers before the date of the candidate's diploma and none of the candidates can undergo the qualifying exam, when the date of the exam is less than 365 calendar days, even if it is provided with such a certification from a lawyer or law office before this deadline.

The Chamber's administration is responsible for the registration of persons in conflict with this criterion.

3.2. The registration of the assistant can be done near the bar association where the candidate resides or, near the National Bar Association. The internship period is 12 months for all assistants of the Tirana Bar Association and not less than 11 months for assistants registered in the District Bar Associations. This term, classified as above, begins on the day the applicant for the assistant is provided with the identity card for the assistant, according to the module determined by the Directing Council of DH.KA for this purpose. In the event that the applicant for an assistant has filed the request with the lawyer's chamber of the district in which he resides, the head of the respective chamber must file them in the Chamber of Deputies, which in turn provide the applicant candidate with the assistant's identity card.
In the event that, within 30 days from the day of filing the request, the CA does not reject the applicant's request for registration as an assistant in writing, the registration is considered automatically completed.

Article 4 – Documents for registration
The documents for the registration of the candidate for the equipment with the identity card for the assistant are:

4.1. Written request for registration.

4.2. The certification of the lawyer or law office, where it is accepted that the applicant completed the 1-year internship period. This certification must be issued by a lawyer or law office, a member of the bar association where the applicant has his residence.
In the applicant's file, there must also be the positive opinion of the head of the bar association for the completion of the internship.

4.3. Notarized copy of the diploma of the law faculty of the respective university.

4.4. Notarized photocopy of the list of grades issued by the respective university.

4.5. Identity card (in the absence of a personal certificate) of the applicant.

4.6. Penalty certificate from the Ministry of Justice, of the applicant, to verify that there is no criminal precedent. The penalty certificate cannot be issued by the competent body more than 3 months from the date of application.

4.7. Acknowledgment of the foreign diploma, or certification from the Ministry of the Interior that he has completed the application for its validation (For applicants who graduated from abroad).

4.8. Photo with dimensions 5 x 4, piece 2.

4.9. The registration fee as an assistant is 1,000 (one and a half) lek.

Article 5 – Registration of Foreign Nationals
Pursuant to Article 36 of the law, foreign citizens who want to apply to be registered as an assistant at an office or law firm, in addition to the above, must also present an official document issued by a public institution in the Republic of Albania where to verify that the candidate for assistant speaks the Albanian language.

If the applicant has such a document from a private entity, then it can be registered only if the application is made by the applicant himself in the presence of the president of the National Chamber of Advocates.

Article 6
6.1. The number of candidates for registration as an assistant is unlimited. This means that every candidate who wants to register and meets the above criteria can register without limitation.

6.2. The National Bar Association, after registering all candidates to take the bar exam, at the request of the Ministry of Justice, sends the final list, no later than the date set for the exam. This list is recorded. and is not accompanied by the individual registration documents of the candidates. The personal documentation of each candidate can be made available to persons authorized by the Ministry of Justice, for possible verifications.

6.3. After the end of the one-year term, according to the criteria defined above, the lawyer or the law office where the lawyer candidate completed his internship, provides the latter with a letter of recommendation, where he expresses his opinion regarding the professional and ethical preparation of the assistant, as well as with his own opinion if he should undergo the qualifying exam or if there is a need for a postponement of the assistant's training period. This letter of recommendation becomes part of the applicant's file. The absence of the applicant with a letter of recommendation can be considered as a silent expression of positive opinion by the lawyer or the law office and the applicant can undergo the qualifying exam.

Article 7 - Exemption from Obligation to Register as an Assistant
Exemption from the obligation to register as an assistant for the categories cited in Article 28 of the law, is made on the basis of the proposal of the President and General Secretary of the KA, PRINCIPALLY , or based on the request of the interested person. The approval of the exemption from the right to fulfill the obligation of the one-year internship period, according to point b of Article 25 of the law, is done automatically.

This article does not apply to persons for the duration of their employment in the public administration, but only after these relationships are terminated.

Final provision

Article 1

1.1. This regulation determines the conditions, deadlines and procedures for giving the exam and announcing the results, to obtain the title of lawyer in R.Sh.

1.2. The title gives the lawyer the right to exercise the free profession of lawyer only in accordance with law no. 9109 dated 17.07.2003, amended by law no. 9795 dated 23.07.2007 and law no. 10047 dated 24.12.2008 "For the profession of lawyer Republic of Albania ".

1.3. For the purpose of interpretation, in this regulation the laws cited in point 1.2 of article 1 will be included with the word law.

 

Article 2
2.1. In support of Article 25 of the law, the profession of lawyer can be exercised by any Albanian citizen or foreigner who has completed higher legal education inside or outside the country. In the sense of this expression, they will be considered as documents for the recognition of higher legal education. .

2.1.1 Scientific Master's degrees and professional Master's degrees, issued by public universities resident in Albania.

2.1.2 Scientific Master's degrees and professional Master's degrees, issued by private universities with positive accreditation, in the Republic of Albania.

2.1.3 Diplomas issued by foreign universities not resident in Albania, provided that the lattervalidated from MES as Scientific Master and Professional Master degrees, through an individual written document and case by case, for each candidate who appears.
In any case, the university that has issued diplomas according to the above quote must be positively accredited by the Higher Education Accreditation Council and announced by decision of the Minister of Education and Science, according to Article 62 of Law No. 9741 dated 21.05.2007. For higher education in the Republic of Albania". The accreditation decision must necessarily be positive or conditional accreditation. Negative accreditation cannot create the possibility for the recognition of the diploma for the effect of registration for practicing the profession of lawyer.

Article 3 – Registration as an Assistant
3.1. According to the requirements of the law, the first step of registration for a lawyer candidate is the registration as an assistant lawyer, near a lawyer or law office. The registration of candidates as an assistant can only be done after the candidate has obtained the law degree from the law faculty of the universities. determined according to article 2 of this regulation. In this sense, no lawyer or law office can accept assistants and issue certificates for assistant lawyers before the date of the candidate's diploma and none of the candidates can undergo the qualifying exam, when the date of the exam is less than 365 calendar days, even if it is provided with such a certification from a lawyer or law office before this deadline.

The Chamber's administration is responsible for the registration of persons in conflict with this criterion.

3.2. The registration of the assistant can be done near the bar association where the candidate resides or, near the National Bar Association. The internship period is 12 months for all assistants of the Tirana Bar Association and not less than 11 months for assistants registered in the District Bar Associations. This term, classified as above, begins on the day the applicant for the assistant is provided with the identity card for the assistant, according to the module determined by the Directing Council of DH.KA for this purpose. In the event that the applicant for an assistant has filed the request with the lawyer's chamber of the district in which he resides, the head of the respective chamber must file them in the Chamber of Deputies, which in turn provide the applicant candidate with the assistant's identity card.
In the event that, within 30 days from the day of filing the request, the CA does not reject the applicant's request for registration as an assistant in writing, the registration is considered automatically completed.

Article 4 – Documents for registration
The documents for the registration of the candidate for the equipment with the identity card for the assistant are:

4.1. Written request for registration.

4.2. The certification of the lawyer or law office, where it is accepted that the applicant completed the 1-year internship period. This certification must be issued by a lawyer or law office, a member of the bar association where the applicant has his residence.
In the applicant's file, there must also be the positive opinion of the head of the bar association for the completion of the internship.

4.3. Notarized copy of the diploma of the law faculty of the respective university.

4.4. Notarized photocopy of the list of grades issued by the respective university.

4.5. Identity card (in the absence of a personal certificate) of the applicant.

4.6. Penalty certificate from the Ministry of Justice, of the applicant, to verify that there is no criminal precedent. The penalty certificate cannot be issued by the competent body more than 3 months from the date of application.

4.7. Acknowledgment of the foreign diploma, or certification from the Ministry of the Interior that he has completed the application for its validation (For applicants who graduated from abroad).

4.8. Photo with dimensions 5 x 4, piece 2.

4.9. The registration fee as an assistant is 1,000 (one and a half) lek.

Article 5 – Registration of Foreign Nationals
Pursuant to Article 36 of the law, foreign citizens who want to apply to be registered as an assistant at an office or law firm, in addition to the above, must also present an official document issued by a public institution in the Republic of Albania where to verify that the candidate for assistant speaks the Albanian language.

If the applicant has such a document from a private entity, then it can be registered only if the application is made by the applicant himself in the presence of the president of the National Chamber of Advocates.

Article 6
6.1. The number of candidates for registration as an assistant is unlimited. This means that every candidate who wants to register and meets the above criteria can register without limitation.

6.2. The National Bar Association, after registering all candidates to take the bar exam, at the request of the Ministry of Justice, sends the final list, no later than the date set for the exam. This list is recorded. and is not accompanied by the individual registration documents of the candidates. The personal documentation of each candidate can be made available to persons authorized by the Ministry of Justice, for possible verifications.

6.3. After the end of the one-year term, according to the criteria defined above, the lawyer or the law office where the lawyer candidate completed his internship, provides the latter with a letter of recommendation, where he expresses his opinion regarding the professional and ethical preparation of the assistant, as well as with his own opinion if he should undergo the qualifying exam or if there is a need for a postponement of the assistant's training period. This letter of recommendation becomes part of the applicant's file. The absence of the applicant with a letter of recommendation can be considered as a silent expression of positive opinion by the lawyer or the law office and the applicant can undergo the qualifying exam.

Article 7 - Exemption from Obligation to Register as an Assistant
Exemption from the obligation to register as an assistant for the categories cited in Article 28 of the law, is made on the basis of the proposal of the President and General Secretary of the KA, PRINCIPALLY , or based on the request of the interested person. The approval of the exemption from the right to fulfill the obligation of the one-year internship period, according to point b of Article 25 of the law, is done automatically.

This article does not apply to persons for the duration of their employment in the public administration, but only after these relationships are terminated.

 
Article 19
This regulation is issued in support of articles 25, 26, 27, 28, 29, 30, 31, 32 and 36 of law no. 9109, dated 17.07.2003 "On the profession of lawyer in the Republic of Albania", amended, as well as the Statute of the National Bar Association in the Republic of Albania.

 

Article 20
This regulation was approved by the Governing Council of the National Chamber of Advocacy with decision no.____, date _________ and other provisional regulations issued before this date are repealed.

Article 21
This regulation takes effect immediately.

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.

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