FLASH
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Only 2 candidates qualified, KED demands reopening of the race for Elsa Toska's mandate...
At the height of the clashes with the Supreme Court and the Assembly, another impasse has emerged in the Constitutional Court.
The Judicial Appointments Council (KED) has suspended the procedures for filling the vacancy created by the resignation of magistrate Elsa Toska. The suspension was caused by the fact that the minimum number of three candidates required to continue with the selection was not met.
At the meeting held this Wednesday, the KED analyzed the documentation and the compliance of the candidacies with the legal criteria, but only two applicants passed the filters. In the absence of a third, the Council, headed by the President of the High Court, Sokol Sadushi, decided to suspend the procedure and requested from the Assembly to re-announce the call for this position.
" During the verification phase, it was found that the number of candidates who meet the legal requirements has fallen below the minimum threshold... ", states the official decision of the KED, which also recalls the importance of the regular renewal of the Constitutional Court, as defined by the Constitution itself and decision no. 84/2024 of this court.
Currently, the Constitutional Court has 8 members and this shortage could create problems on issues that require 5 votes. So it could happen that the vote would be 4 to 4 and in this way an issue would pass without a decision.
This move comes at a time when the Supreme Court attacked the Constitutional Court for Sonila Bejte's mandate a day ago. This year, the latter should also be replaced, but the Constitutional Court has not announced the vacancy. Yesterday, there was strong criticism from the Supreme Court on this issue.
decision
In fulfillment of its constitutional and legal obligations, the Judicial Appointments Council, after continuing the process of verifying the legal conditions of the candidates presented for the vacant position of member of the Constitutional Court, announced by the Assembly on 30.09.2024,
- since the number of candidates in the race, after verifying the legal conditions, has fallen below 3 (three);
- in compliance with constitutional and legal provisions, as well as in accordance with the principle of increasing competitiveness and ensuring the minimum number of candidacies, by increasing the number of options for the appointing body in the process of selecting candidacies for this vacant position;
- in implementation of decision no. 84/2024 of the Constitutional Court, which has sanctioned that, "regular renewal by one third every three years remains an important principle and has priority over the duration of the mandate of the judge of the Constitutional Court";
- in support of point 1 of article 125 of the Constitution, of article 7/c of law no. 8577/2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, of point 2 of article 218 of law no. 115/2016 “On the governing bodies of the justice system”, as well as of letter “b” of point 49 of Decision no. 4 dated 11.03.2019 “On the procedure for verifying candidates for vacant positions in the Constitutional Court and the High Inspector of Justice”, the Judicial Appointments Council,
DECIDED:
1. Suspension of the candidacy verification procedure and notification of the subject that set it in motion, the Assembly of Albania, to evaluate the re-announcement of the call for the submission of candidacies for the vacant position in the Constitutional Court, announced on 30.09.2024.
2. This decision enters into force immediately and is published on the official website of the Supreme Court, in the section designated for the Judicial Appointments Council.
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