Strasbourg court has given the first decision for the Vetting process in Albania, overthrowing the lawsuit of judge Altina Xhoxhaj and giving the right to vetting bodies for the dismissal of her.
Judge Xhoxhaj was fired by Vetting and removed from the system of justice for 15 years, while in her lawsuit she considered the body incompatible.
“In today’s decision of the judicial body of the Chamber in the case Xhoxhaj. Albania (issue no. 15227/19) The European Court of Human Rights ruled: by a majority of votes (6 against 1) that there was no violation of Article 6 § 1 (right to a regular) of the European Convention on Human Rights in respect of the allegation of lack of independence and impartiality of vetting bodies; by a majority of votes (5 against 2) that there had been no violation of Article 6 § 1 as regards the allegation of irregularities in procedures; by a majority of votes (5 against 2) that there had been no violation of Article 6 § 1 as regards the allegation of failure to hold a public hearing before the Appellate Panel; by a majority of votes (5 against 2) that there had been no violation of Article 6 § 1 as regards the allegation of violation of the principle of legal certainty, and by a majority of votes (5 against 2) that there was no violation of Article 8 (right to respect for life
private and family).
The case considered the dismissal of a judge of the Constitutional Court following proceedings initiated against her, as part of an extraordinary process for the revaluation of the suitability of all judges and prosecutors in the country, otherwise known as the vetting process. The applicant’s case was reviewed by the vetting bodies and the Appeal Chamber, and after the matter was taken to the deliberation room, her dismissal was upheld.
The court concluded that there had been no violation of Article 6 § 1, as the vetting bodies had been independent and impartial, the proceedings had been orderly, reviewing the applicant’s complaint at the public hearing by the Appellate Panel had not been necessary and had not been violated the principle of legal certainty.
Furthermore, the Court found that there had been no violation of Article 8, as there had been a dismissal that was proportionate and the permanent legal ban on re-entering the justice system due to serious disciplinary violations had been consistent with guaranteeing the integrity of the duty of magistrate and public trust in the justice system,” it was announced./abcnews.al
