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2026-10-06 21:11:00Fokus SHKRUAR NGA REDAKSIA VOX

A prosecutor has openly challenged the entire rotten judicial system in Albania, suing the Strasbourg Court over several decisions, which they completely "ignored" in order to oppose the High Prosecutorial Council. Albert Kuliçi, currently a prosecutor in Tirana, has worked for 12 years in a row at the Vlora Prosecutor's Office, to leave in 2023.

Before leaving this prosecution body, Kuliç submitted his candidacy to become the head of the Vlora Prosecutor's Office, competing with Aurel Zarka. The KLP initiated a verification of the candidacies, as well as a scoring, ranking Aurel first and then Albert. This decision-making has subsequently gone through all the appeals links, including the judicial system.

"On February 3, 2022, with decision no. 21, it approved the final ranking of the candidates based on the points awarded, placing AZ first and the applicant second. The KLP then continued with the assignment of points for each component of the assessment. In the end, Aurel Zarka received 218 points and the applicant 178 points," the Strasbourg Court's decision states.

The decision could be appealed to the Administrative Court of Appeal, where prosecutor Kuliç filed a lawsuit. He claimed that the KLP's decisions had been illegal and sought their annulment, asking the court to direct the KLP to correct the violations.

"On April 28, 2022, the Administrative Court of Appeal dismissed the applicant's request. The court ruled that the applicant lacked a legitimate interest. This is because the contested decision had not directly affected him and had not affected his rights as a prosecutor involved in the selection procedure," the decision continues.

Subsequently, the prosecutor, on 6 June 2022, filed a cassation appeal with the Supreme Court, complaining, inter alia, about the restriction of his right of access to court in connection with the refusal of the Administrative Court of Appeal. That court declared the applicant’s appeal inadmissible. On 9 March 2023, the applicant filed an individual constitutional complaint with the Constitutional Court. On 17 May 2023, the Constitutional Court dismissed the applicant’s appeal as not raising any constitutional issue.

The case then went to Strasbourg.

“The Court considers that the essence of the applicant's complaints does not relate to the right to be appointed or promoted to the post of Chief Prosecutor per se, but rather to the right to a fair procedure for promotion ,” Strasbourg says.

According to her, neither the fact that the KLP exercised a certain degree of discretion in relation to the final step of confirming the appointment, nor the fact that this discretion itself cannot be reviewed by the courts, negates the merits of the applicant's claims.

“The Court is satisfied that there existed in domestic law a ‘right’ to a lawful and fair procedure for promotion, and a right that the applicant was able to claim ,” the decision reads.

Then, Strasbourg gives a "slap" to the courts in Albania.

“The Court cannot ignore the fact that the domestic courts appear to have adopted different interpretations of the applicable provisions of domestic law in similar circumstances ,” Strasbourg says. In the end, the Court unanimously “ declares the application admissible” and “the respondent State must pay the applicant”.

The decision, more than the competition for a head position, shows the decay of the entire system in Albania. In this country of ours, you are not even given the opportunity to complain. They throw you away like a rag and ignore you, while a prosecutor has shown exactly what we wrote above. ©Copyright Vox News

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