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Judges dismissed by vetting, battle to return to the system: Here's what the Constitutional Court decided

2026-11-06 16:24:05Aktualitet SHKRUAR NGA REDAKSIA VOX

Judges dismissed by vetting, battle to return to the system: Here's what

The Constitutional Court has adopted an annex to its regulation that sets out the procedures for reviewing requests from former judges and prosecutors who were dismissed from office during the vetting process and have requested the review of decisions taken against them.

After the end of the mandate of the vetting institutions, these issues will be reviewed by the Constitutional Court, while the new regulation provides for international observers to be present at all stages of the review, including the deliberation room, where judges make decisions.

Even though the transitional re-evaluation process in Albania has ended and the mandates of the Independent Qualification Commission (IKC) and the Special Appeals Panel (SAP) have ended, a number of former dismissed magistrates have approached the Constitutional Court to challenge the vetting decisions.

As Top Channel journalist Anila Hoxha reports, the new regulation also provides for the presence of international observers from the International Monitoring Operation (IMO) during the review of these issues.

Based on the regulation, ONM observers will have the right to familiarize themselves with the court files, evidence and documentation administered, as well as to be present at all stages of the hearing, including the deliberation room.

International observers may also submit written findings and opinions on the circumstances or facts of specific cases, which the Constitutional Court may take into consideration during its decision-making. However, these opinions do not have the value of evidence and observers do not have the right to vote or participate in decision-making.

The Annex also stipulates that requests for review jurisdictional issues shall be initially examined by a Panel composed of three judges of the Constitutional Court. If the request does not meet the legal criteria, the Panel may decide not to proceed to a plenary session. This decision must be taken unanimously. In the event that one of the judges has a different opinion, the case shall be referred for preliminary examination to the Meeting of Judges.

The plenary session shall be held with the participation of all judges, but in no case with less than two-thirds of them. The decision shall be taken by a majority vote of all judges, while abstention is not permitted.

The transitional provisions provide that all procedural actions carried out by the Special Appellate Panel before the end of its mandate, on 17 June 2026, will be considered valid and will retain their legal effects. The same applies to actions carried out by the Constitutional Court until the entry into force of the annex.

The decision to approve the regulation was taken on November 2, 2026, by majority vote. Judge Sonila Bejtja voted against, while judges Fiona Papajorgji, Sandër Beci, Genti Ibrahimi, Ilir Toska, Marsida Xhaferllari, Asim Vokshi and Marjana Semini voted in favor. (TCH)


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