Article 32
Obligation to Cooperate
Article 35
Election Criteria
1. Public and private institutions shall collaborate with
the Commissioner by providing all the information it requires for the fulfilment of duties, and shall notify the Commissioner on the implementation of given recommendations immediately upon termination of the deadlines assigned thereto.
2. The Commissioner shall have the right to access
computer and filing systems that process personal data and
all the documentation related to their processing and transferring, with the view of performing his rights and duties as
stipulated in the law.
Every Albanian citizen may be elected for the position
of Commissioner if he/she meets the following criteria:
a) University degree in law;
b) breadth of knowledge and extinguished activities in
the field of human rights and fundamental freedoms;
c) outstanding professional skills and a clean ethic and
moral profile;
ç) not less than 10 years of work experience as a lawyer;
d) has not been convicted for a criminal offence by a
court final decision;
dh) no disciplinary measures taken to remove him from
duty or from the civil service.
Article 33
Election and term of office
The Commissioner shall be elected by the Assembly
upon a proposal of the Council of Ministers for a 5 year
term eligible for re-election.
Article 34
Incompatibility of the function
The function of the Commissioner shall be incompatible
with every other state function, affiliation in political parties
and partaking in their activities, with every other profitable
activity, save teaching.
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Article 36
Termination of the mandate
1. The mandate of the Commissioner shall have an early termination when:
a) he is given a final court decision for committing a
criminal offence;
b) he is absent from duty without justification for more
than one month;
c) he resigns;
ç) a final court decision declares his ineffectiveness.
2. The Commissioner may be discharged by the Assembly when:
a) he fails to act in compliance with the provisions arising from this law or other legal acts;
b) he engages in activities that generate a conflict of
interests;
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