Criminal Prosecution (Punishment), a Cause for Terminating Employment Relationships in the Civil Service, under Albanian Legislation

Abstract

The regulation of legal relations in the civil service has undergone a radical reform in recent years. Legislative acts regulating the working relationships of civil servants and strict rules regarding the purity and integrity of the civil servant figure have been adopted, the lack of which results in the interruption of relations in the civil service. In 2015, the law on the integrity of persons elected, appointed or exercising public functions entered into force, the purpose of which is to guarantee public confidence in the functioning of the institutions, by preventing the election or appointment, or leaving the public function of such persons who have been convicted or to whom security measures have been taken or have been convicted by a non-final decision for committing crimes under this law. Based on the provisions of this law and the provisions of the law on the status of a civil servant, when public institutions find that a person is convicted, or to whom a security measure is taken, decides to terminate relations in the civil service. This paper will analyze the cases of termination of employment relations in the civil service due to criminal punishment, the types of criminal punishment which constitute a cause for dismissal, the application of conditions and criteria and the way public institutions interpret the legal acts in force, with the aim of addressing the problems of law enforcement in practice and giving concrete recommendations on issues to be ascertained.