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The President of the Supreme Court, Sokol Sadushi stated that despite the perception, the election of new members of the Constitutional Court cannot be influenced and that the process can be observed by everyone.
The President of the Supreme Court, Sokol Sadushi, declared on Monday during a press conference that there was no conflict between the election of new members of the Constitutional Court and his role as the head of the Judicial Appointments Council for 2025, while adding that the whole process can be monitored.
After the clash for the mandate of the former president of the Constitutional Court, Holta Zaçaj, Sadushi said that he felt comfortable, since the decision was confirmed by the Constitutional Court, according to him.
Asked by BIRN if he has taken measures to prevent the perception that he could influence the selection of new members of the Constitutional Court, Sadushi said that "there was no inconsistency in the drawing and selection of him as a member and chairman of the KED".
"Perception can exist. There can be and it is right to have perception, but everything is observable by everyone. KED is a collegial body where everyone discusses and decides independently. Also, anyone can be recognized by the word of each of the members. I don't believe it creates problems," he said.
The mandate of the president of the Constitutional Court, Holta Zaçaj, became the subject of public debate last month and caused controversy between her and the president of the Supreme Court, Sokol Sadushi. The latter insisted that Zacaj's term ends in the spring of 2025 and opened the procedures for the selection of her successor by declaring the seat vacant.
After meeting three times in a row to discuss Zacaj's mandate, the Constitutional Court upheld the decision of the President of the Supreme Court, although it found the procedure irregular.
Sadushi said on Monday that he would feel responsible before the law if he had not acted to announce Zacaj's vacancy.
"...I acted based on the law and the Constitution and I feel comfortable that it has been confirmed by the Constitutional Court itself," he said. Regarding the procedure related to the vacancy after the resignation of judge Elsa Toska, Sadushi said that he could not give an opinion, as the Assembly has given it. He emphasized that it is necessary to renew the Constitutional Court once in 3 years with 1/3 of the members.
During his speech, Sadushi raised concerns about the high number of appeals that do not pass the admissibility test before the Supreme Court. According to him, 74% of appeals in the Civil College, 79% in the Administrative College and 87% in the Criminal College do not pass this test. Sadushi noted that for this year, in administrative cases, public bodies lose in 59% of cases. This ratio is different in the criminal field, where the prosecution loses in 27% of cases, while individuals lose in 73% of them.
Sadushi noted that the omission of the admissibility test addresses the concern for the representation performed by private lawyers, the State Bar and the prosecution. "The way in which appeals are presented is a very serious problem for the level of representatives, which is related to the continued non-following of the judicial practice of the Supreme Court or to the confusion in quite a few cases of a cassation court with the courts of fact", declared Sadushi and added that from the recourse selection procedure applied by the Administrative College, only during the year 2024, 35% of the recourses of examined. / BIRN
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