TIRANA, Nov. 27 – The procedures to establish the High Prosecutorial Council (HPC) and the High Judicial Council (HJC) are expected to shortly begin, as the process of re-evaluating the candidates for members in these two institutions has been completed.
On Tuesday, the Independent Qualification Commission (IQC) issued a decision for prosecutor Besnik Cani, last on the list of those running for the HPC. While the day before, with the dismissal of the Shkodà«r Appeals Judge Luan Dervishi, the list of candidates for the HJC was closed.
According to the law, the IQC will need to forward the respective lists to the General Prosecutor and the President of the High Court within three days, while the latter, within a further three-day deadline, should call the general prosecutors’ meeting on the one hand and the judges’ meeting on the other to elect the members to represent two new institutions which the Justice Reform recognizes as key in the revitalization of the country’s judicial system.
On its part, the General Prosecutor’s Office announced it had received the notification from the IQC and that within the same day temporary General Prosecutor Arta Marku summoned the general prosecutors’ meeting on December 11.
The two councils will consist of 11 members, out of which five come from outside the system, while the other six members are selected according to court and prosecution-level division: three of the first instance courts, two from the appeals courts, where at least one should represent the bodies operating in the districts, and one from the General Prosecutor’s Office in the case of the HPC and one from the Supreme Court in the case of HJC.
First instance prosecutions candidates for the three spots available at the HPC are five: Dritan Prenà§i from the Kukes Prosecution; Vat Staka from Shkodra’s Prosecutor’s Office; Antoneta Sevdari from Tirana’s Prosecution Office; Gentian Osmani from the Serious Crimes Prosecution and Besnik Muci also from the Serious Crimes Prosecution. From all of them, Prenci is the only who is expected to automatically pass, while all others will be subject to the vote for both posts.
For the two spots reserved for appeals prosecution judges there are only two candidates: Arben Dollapaj from Shkodra’s Appeal and Bujar Sheshi from the Serious Crimes Appeals. The other two candidacies, Besa Nikelhasani from Shkodra’s Appeal and Luan Kaloci from Tirana’s Appeal, were disqualified by the vetting process.
As for the one spot reserved for the General Prosecution, both prosecutors who passed the test have been qualified: Anila Leka and Kostaq Beluri.
Six first instance courts judges have so far been confirmed for the HJC at the end of the reevaluation process. Among them, Marcela Shehu from the Kurbin court, already meets the criterion for a spot to be given to district judges, thus automatically securing a spot at the future HJC, while the other five (Manjola Xhaxho from Tirana’s Court, Alma Brati from Tirana’s Court, Astrit Faqolli from Tirana’s Court, Dritan Hallunaj from the Serious Crimes Court and Brunilda Kadi from Tirana’s Court) will be subjected to voting for the other two spots.
As for the two spots to be given to judges coming from appellate courts, three candidates have so far been confirmed – Ilir Toska from Tirana’s Appeals Court, Nertina Kosova from the Serious Crimes Appeals Court and Brikena Ukperaj, from Vlora’s Appeals Court. The latter passes automatically, as she meets the criteria for a spot reserved for district judges.
For the spot reserved for a High Court representative, the only reconfirmed person for the post after the re-evaluation process is member Medi Bici. The next candidate for the HJC, Artan Zeneli, was ousted under the vetting process.
The functionality of these two institutions puts in motion the mechanisms for other bodies foreseen by the Justice Reform. The establishment of the HPC opens the way for the election of the new General Prosecutor, as well as the establishment of the Special Prosecution Office (SPAK), from which the National Bureau of Investigation will also depend – the two legal bodies expected to mark a turn in the fight against corruption and organized crime.
Meanwhile, the HJC will replace the role played so far by the High Council of Justice, restoring the judiciary back to normal.
