FLASH
Shkruar nga Pamfleti
Although he led the state police for only 10 months, from October 2021 to August 2022, the former director general of blue uniforms Gladis Nano will be paid for 60 months, as if he had completed his 5-year term.
The Administrative Court of the first instance in Tirana has decided to partially accept Nano's lawsuit, while rejecting his other request, systematization in other police structures. However, the decision has been appealed by the defendant state authorities, the Council of Ministers, the Ministry of the Interior and the General Directorate of Police, and another battle is expected in the Administrative Appeals.
In the reasoned decision, the first instance says that the claim that he was dismissed for low performance does not stand as it was subsequently proven that it was above the annual average.
"The court appreciates that determining whether the plaintiff has performed low and not average, for example, cannot be determined only from 3 months of work, while he has had almost 10 months in this position. Also referring to the evidence presented by the plaintiff in the annual report of the State Police of 2022 administered as evidence, it was proven in the trial that the performance of the plaintiff Gladis Nano, as General Director of the State Police, was above the annual average, last year", says the Court's decision.
The administration says that the government has unlimited discretion in the appointment of the General Director of the State Police, but it does not have this discretion for dismissal, as the law clearly states that the dismissal of the General Director of the State Police can only be done in two cases: when he is punished by a final court decision for committing a criminal offense or strategic objectives are not met due to his low performance.
For this reason, the Administration decides to consider the dismissal illegal and give Nano the right to receive salaries for the five years of his mandate.
"The General Director of the State Police remains in office for a period of 5 years with the right to reappointment for another 5 years." Therefore, the defendants are obliged to pay the plaintiff Gladis Nano the gross salary that she would have received until at the end of the term 5 (five years)", decides the court which Afërdita Caco, which has also accepted Nano's request for immediate temporary execution of the decision, without waiting for what the Appeal will say. Now Nano will receive money, while getting it back if you lose on the second rung.
As for the request for his systematization in the structures of the State Police or other functions, the court finds it unfounded in law and evidence
" The administrative court considers that the return to duty of state police officers is guaranteed, with the exception of the General Director of the State Police. The return to duty of the General Director of the State Police is excluded from this legal protection, because it is the legislator himself who has limited this right. Specifically, in Article 15/4 of Law No. 108/2014 "On the State Police" as amended, entitled "Release and dismissal from office of the General Director of the State Police" where, among other things, it is sanctioned that: "... 4.
The General Director of the State Police, after the end of the term of office, does not return to the structures of the State Police. In the interest of public order and safety, he may perform other advisory or pedagogical functions. After the end of the mandate, the former General Director of the State Police enjoys special treatment, approved by decision of the Council of Ministers."
As a result, the legislator himself has prohibited the return of the General Director of the State Police to the state police structures after the end of the term of office, this provision is also applicable in cases where the administrative act of dismissal from the Director's office of the State Police, may be found illegal by the court and annulled. The court considers that in this case the plaintiff only has the right to compensation in the form of wages that he would have received until the end of the term of appointment (public service contract), which was illegally terminated by the plaintiff. tur, but does not enjoy the right to return neither to the structures of the state police nor to other functions. The legal provision that in the interest of the public order and security service, he can perform other advisory or pedagogical functions, holds the link may, which means that the defendant parties enjoy a wide discretion and a wide margin of evaluation if a former The General Director of the State Police (as in the case of dismissal, release or termination of the term of appointment) may offer an advisory function in the interest of the public order and security service, but can never be forced the defendant parties to organize the plaintiff in other advisory functions. As a result, the lawsuit for this part should be dismissed as not based on the law and the evidence", it is stated in points 60 and 61 of the Court's decision .
Gladis Nano was dismissed on August 31, 2022 with the argument that she did not achieve the objectives, at the proposal of the former Minister of the Interior Bledi Çuçi. In his place, Muhamet Rrumbullaku was appointed. Prime Minister Rama himself argued the decision with unpleasant developments in the state police. Rama said that Nano told him that he would resign, but it turned out that he did not, causing the government to dismiss him. Former director Nano is one of the shortest-term leaders in office.
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