Race for High Inspector of Justice and Constitutional Court at risk

Tirana Times
By Tirana Times August 4, 2019 13:27

Race for High Inspector of Justice and Constitutional Court at risk

Story Highlights

  • If the ruling for Rado remains in force following a possible court appeal, then the KED may need to call a new call for the ILD position.

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TIRANA, Aug. 4 – The Justice Appointments Council (KED) decided on Friday to allow the nomination of Eris Hysi as a candidate for High Inspector of Justice (ILD) and to ban Klodian Rado’s nomination for the same post, after considering both applications for the vacancy. 

Sources at the KED claimed that Rado does not meet the 15 year requirement, thus risking the race for the ILD. 

If the ruling for Rado remains in force following a possible court appeal, then the KED may need to open a new call for the ILD position. 

Regarding the Constitutional Court, the KED announced on Wednesday, on the last day of July, it had allowed the continuation of the application process for candidate Elsa Toska and had interrupted the process for seven other candidates.

There are a total of five names that have passed the evaluation so far, and 12 that have been disqualified, while two candidates are awaiting evaluation for the Constitutional Court.

The process is considered as very important as it can enable the selection of six Constitutional Court members who, after being interviewed and evaluated by the Council, three will be appointed by the President and three by the parliament. 

In this way, the Constitutional Court can resume functioning, though with a reduced number. Meanwhile, the other three members will first have to wait for the High Court appointments.

Despite the high number of candidacies for the ILD position, only two have so far been qualified to pursue the application; Artur Metani, the current head of the State Bar, and Artur Malaj, a judge at the administrative Court of Appeals. 

The law stipulates that there must be at least five candidates in the competition for ILD and meet the criteria of 15 years of work experience, high moral and professional integrity, holding no political office in the administration, or in political parties for the past ten years.

Candidates for ILD should also not be collaborators, informants or intelligence agents, have not been convicted of criminal offenses, nor have been previously dismissed for disciplinary reasons.

Friday’s KED decision to ban Rado’s candidacy could bring about a repetition of the entire process, in an already lengthy justice reform. 

The ILD election should have taken place in February – March 2017, or 2 and a half years ago, six months after the constitutional amendments to the justice reform came into force.

But official sources from the KED told VOA the council is expected to meet on Monday to decide whether to continue the race with the remaining candidates or whether to reopen it. 

The latter would postpone the entire process for several months, leaving one of the key institutions of the justice system unestablished longer. 

The KED also decided during the same meeting to ban the candidacy of Zhaklina Peta, who is also a Constitutional Court candidate. 

A few days ago the KED knocked down 3 more candidates  for a vacant parliamentary seat, another race which remains to be recalled. 

The KED decided to ban, among others, Fiona Papajorgji, Valbona Bala and Sinan Tafaj. These were the only three names running for the replacement of former Constitutional Court member Fatos Lulo, who was ousted from the judges’ reassessment process.

The parliament now has to announce a new call.

The Constitutional Court, which currently has only one member, Vitore Tusha, is expected to have five new members. 

Tirana Times
By Tirana Times August 4, 2019 13:27