FLASH
Shkruar nga Pamfleti
The Supreme Court of Appeal announces vacancies for members of the Special Appellate Panel...
The High Judicial Council has officially opened the way for the transition of members of the Special Appeals College to the Courts of Appeal, in a process that is being considered a "catapult" of Vetting officials into the justice system, without competition and outside the filters that ordinary lawyers go through.
By unanimous vote and without any public debate, the Supreme Court of Justice announced 10 vacancies in the Administrative Court of Appeal and the Court of Appeal of General Jurisdiction, positions which are being sought by five members of the KPA: Sokol Çomo, Natasha Mulaj, Albana Shtylla, Ina Rama and Mimoza Tasi .
The decision has reignited the debate over how members of the Vetting structures are automatically transitioning into the judicial system, even though most of them have not attended Magistrates' School and have never competed for positions as judges on the Court of Appeal.
The special Vetting Law gives KPA members the right to be appointed as Appeals judges after the end of their mandate, except in cases where they have disciplinary measures. This very provision is now the subject of a battle in the Constitutional Court, where it is being sought to be repealed as unconstitutional.
The "National Association of Media and Justice" has filed a voluminous lawsuit, arguing that the Constitution clearly stipulates that judges must pass through the Magistrates' School and professional and moral verification filters.
At the center of the debate is precisely the fact that KPA members are being treated as an "elite" category, which benefits from direct access to the Courts of Appeal solely due to their Vetting mandate.
Doubts have been further heightened by the fact that the KLGJ meeting was accompanied by a closed-door discussion for more than two and a half hours, without a public explanation on the legal basis of this decision.
Meanwhile, the lawsuit in the Constitutional Court is expected to turn into one of the strongest legal clashes after the reform in the justice system. If the Constitutional Court overturns the provision, the members of the KPA will have to compete like any other lawyer. If not, then a precedent will be legitimized that, according to critics, creates “VIP judges” introduced into the system through a political shortcut.
The debate is now not only legal, but also political and moral: is Vetting being closed, producing a new caste of privileged judges? / Pamphlet
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