The vacancy in the Constitutional Court, created after the end of Judge Holta Zaçaj's mandate, has opened a deep debate on how members of the country's highest judicial body are selected.
At the heart of this debate lies a vote, a ballot that, according to the file with official documents obtained by Top Channel, may have changed the fate of the process. In the special meeting of the Supreme Court, where the vote was held for the new member of the Constitutional Court, Judge Asim Vokshi was declared the winner with only 6 votes, compared to the 9 votes received by candidate Naureda Llagami, one of which was declared invalid.
In the minutes available to Top Channel, the will of the judge who voted for Llagami is clear, but an internal technical commission, headed by the secretary of the Supreme Court, has decided that this vote is not considered valid. This decision, consequently, deprived Llagami of the right to be declared the winner, although she had reached the required majority of 3/5 of the votes of the 15 members of the Supreme Court, as provided for by law. In this way, by rejecting a clearly expressed vote for the most voted candidate, the path to the Constitutional Court was opened to Asim Vokshi, ranked only 0.2 points higher than Llagami by the Judicial Appointments Council.
Such a process, conducted within the institution that represents the pinnacle of the judicial system, raises serious questions about the credibility of judicial procedures in Albania itself. If in the hall where the country's highest judges decide on the members of the Constitutional Court, a clear vote is declared invalid, what guarantee do citizens have for justice in their daily matters, be they criminal or property?
According to documents and the complaint filed by Naureda Llagami, the decision to declare the vote invalid was made by a commission of civil servants of the Supreme Court, who judged the validity of the votes of the judges they themselves serve. This fact has already raised a new issue in the judicial system.
It is the candidate Naureda Llagami herself who has challenged the decision in the Administrative Court, claiming that Article 13 of the Rules of Procedure of the Supreme Court Judges' Meeting has been violated, which determines the cases when a vote can be declared invalid, cases that, according to her, do not apply in the concrete situation. Llagami has requested the annulment of the decision and the suspension of its implementation, but the Administrative Court has declared that the matter is outside its jurisdiction, since decision-making belongs to the Supreme Court itself. After this, the most voted candidate has addressed the Constitutional Court, requesting that the implementation of an obvious injustice be stopped and that the real result of the vote in her favor be announced: 'with 9 votes, being declared the winner for the vacancy created'.
This judicial saga, now in the hands of the Constitutional Court itself, has temporarily blocked the appointment of its ninth member. But beyond the procedural delay, it has opened a deeper wound…that of doubt. The doubt that at the pinnacle of justice, where the law should be purest, the will can be overturned by interpretation. Because, if a clear vote is lost in the hands of those who should protect it, then the citizens' faith that the system is fair is also lost. And when faith is lost, justice remains nothing but an empty hall with occupied chairs.
Top Channel has officially requested the Supreme Court to publish the full minutes of the vote and the reasoning for declaring the ballot paper invalid. Because justice is not lost with a wrong decision, but with an unclear decision. And when a mark on a ballot paper decides the fate of an institution, that mark is not just a pencil. But it is the history that is being written about Albanian justice.