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The European Court of Human Rights has ruled unanimously against Albania in the case “Manjani v. Albania”, finding a violation of Article 8 of the European Convention on Human Rights, which relates to respect for private and professional life.
The case concerns Shiqiri Manjani, who in 2020 applied to be admitted to the Magistrates' School for the prosecutor profile. Although he passed the exam, he was disqualified by the High Prosecutorial Council due to a conviction for theft received in 2006, when he was 15 years old. For this conviction, Manjani was legally rehabilitated in 2014.
His appeals were subsequently dismissed by the Administrative Court of Appeal, the Supreme Court, and the Constitutional Court, which argued that Albanian legislation prohibits the entry into the justice system of persons convicted by a final decision, regardless of rehabilitation or the age at which the criminal offense was committed.
However, the Strasbourg Court found that the intervention of the Albanian authorities was disproportionate and was not based on a sufficient analysis of the specific circumstances of the case.
According to the court's reasoning, the Albanian authorities had made a mechanical interpretation of the law, without carrying out an individualized assessment of the situation. The court also stressed that it had failed to take into account the fact that Manjani was a minor at the time of the commission of the criminal offence, an element that should have been addressed with priority in light of the principles of reintegration.
Another element highlighted by the ECHR was that the ban on entering the justice system was applied as an absolute and permanent ban, having a serious impact on the applicant's professional development and social identity.
The Court also noted that the Albanian authorities failed to take into account the subsequent conduct of the applicant, who had practiced as a lawyer and judicial police officer without legal problems.
In conclusion, the European Court ruled that the Albanian state must pay Manjani 4,500 euros in compensation for non-pecuniary damage. The Court also noted that Albanian legislation provides for the possibility of reopening the judicial process at the national level, to reexamine the case in light of this decision.
The decision was made unanimously by a panel of seven judges of the European Court of Human Rights.
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