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Does Besnik Can's victory in Strasbourg affect the vetting process?

2022-10-06 14:46:05Fokus SHKRUAR NGA REDAKSIA VOX
Does Besnik Can's victory in Strasbourg affect the vetting process?
Ish-Prokurori Besnik Cani

The decision of the Strasbourg Court that gave the right to the former prosecutor Besnik Cani has been interpreted as a blow to the vetting process.

The case affects the broad public perception of judicial reform, but if read carefully, the Strasbourg decision does not reject either the reform or the pillar of this reform, which is vetting.

Strasbourg notes in its decision that Besnik Can was denied the right to a regular re-evaluation process, referring to the fact that Luan Daci, one of the members of the Special Appellate Panel, was elected to this position contrary to the criteria set out in the law. .

Daci was expelled from the vetting bodies after the accusation brought by SPAK and was sentenced to six months in prison by the Special Court for falsifying documentation. He was found guilty of not declaring the disciplinary measure of removal from office in 1997.

The case of Besnik Can can lead to the dismissal of other judges and prosecutors from the vetting by the KPA, when Luan Daci was also a member of the body and part of the decision-making process. One of those dismissed is the former judge of the Constitutional Court, Altina Xhoxhaj. Xhoxhaj was the first to file a lawsuit against the dismissal in Strasbourg.

Luan Daci was part of the panel of 5 judges in that decision. Strasbourg overthrew the former judge of the Constitution, but at that time the fact that Luan Daci had falsified the documents had not come to light.

However, the chances of Besnik Can's case calling into question the entire vetting process are zero, because it is a matter of a reform that re-evaluates justice workers and re-evaluation decisions on a case-by-case basis. bodies are examined in Strasbourg.

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