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With 9 votes in favor, it was decided to implement the KPA decision and to terminate Balla's mandate...
The High Council of Prosecution has terminated the mandate of the chairman Alfred Balla. The latter was expelled from the Special Appeals Panel for 15 years, banning you from being a member of the KLP.
However, Balla contested the decision and claimed that his mandate as a member or leader of the KLP could not be terminated. Today the Council met in the morning and after a very long discussion.
With 9 votes in favor, it was decided to implement the KPA decision and to terminate Balla's mandate, removing him from the KLP.
Alfred Balla himself, who was not present at the meeting, with a letter addressed to the KLP challenged the decision of the KPA to exclude him from the judiciary for 15 years, saying that it is not immediate and that he was elected by the Assembly as a representative of civil society .
" I am a member of the KLP elected by the Assembly from the representatives of the Albanian civil society... From the interpretation of Article 149/b of the Constitution, it is not clear that, in relation to the continuation of the stay in office, this should already be expressed "Council, or the body of my denomination, which is the Parliament of Albania, or the Constitutional Court? ", said Balla.
Due to high-pitched debates, the meeting that started at 11:00 was postponed for about 3 hours, while a committee of 3 members will prepare a report on Balla's mandate to be submitted to the KLP for vote.
Member Nuriha Seiti came out openly alongside Alfred Balla, saying that he should continue his duties, as the decision of the KPA comes into force only after publication in the official notebook. On the other hand, the member Sokol Stojani described her as Balla's spokesperson, while he said that the decision must be executed immediately as the Constitution provides.
" The decision enters into force after publication in the official notebook. Until these moments, Balla is and should be in office ," said Seiti.
" Since the 21st, he could not exercise his function, despite his attempts. Every claim he has for the decision of the KPA, there is only one possibility according to the Constitution, the Strasbourg Court ", said Sokol Stojani.
Member Arta Mandro asked for time to compile the report and give their opinion on how this decision of the KPA affects the fate and mandate of Balla. " There is no room for any doubt for any of the members, we are all in favor of justice reform ", said Mandro.
After the resumption of the meeting, Balla's request to remove Tartar Bazajn from the leadership of the meeting was initially rejected for conflict of interest. Then with 9 votes in favor it was decided to expel him from KLP.
On May 21, the Special Appeal Panel banned Alfred Balla from exercising functions in the justice system for the next 15 years.
The Public Commissioner, Florian Ballhysa, appealed in June of last year the decision of the Independent Qualification Commission, for the end of the vetting without a final decision and without sanction to the current head of the High Council of Prosecution.
Balla was subjected to the re-evaluation process due to exercising his duties as a legal assistant in the Supreme Court until July 31, 2017. But the vetting was terminated without a decision.
Ballhysa described the decision-making of the majority of the Independent Qualification Commission as contrary to the constitutional provisions and requested the change, where in addition to the cessation of vetting, he also requested that Balla be sanctioned that prohibits him from being appointed to some positions in the justice system for 15 years. including the function he currently holds. KPA accepted this argument. / Pamphlet
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