By Boldenws.al
Shortly before facing the Special Appeals College, where the possibility of his dismissal is being examined, Supreme Court chairman Xhezair Zaganjori issued a statement that appears to favor the government of Edi Rama.
Asked by the media about the crackdown on the Supreme Court, due to the dismissal and dismissal of most members, Zaganjori said that appointing four non-magistrate members would breathe this tribunal, at least for emergency issues.
“In a sense, at least, it makes it possible for the court to function. There are issues that deal with three judges, civil cases. But at least urgent issues can be echoed at a three-judge college. The election of new members gives the court breath, “said Zaganjori.
This position of Zaganjori contradicts the spirit of the Constitution, as well as the legal framework of the Justice Reform. The basic law of the Republic of Albania provides that “the members of the High Court shall be appointed by the President of the Republic upon the proposal of the High Judicial Council”. Also, the Constitution provides that the Supreme Court is composed of 19 members, out of which 4 are non-magistrate jurists, while 15 others are judges.
Earlier this week, the High Judicial Council (HJC) opened the race, initially for the selection of 4 non-magistrate members and will continue to run for candidacy from the judiciary.
The High Judicial Council reacted with the initiation of the proceedings only after it was formally criticized by the President of the Republic, Ilir Meta, who found that the HJL was delayed for at least 3 months to start the process for the selection of Supreme Court members.
Moreover, Meta alluded that the delay of the HJC in opening a race for High Court members hides behind her political goals, most likely in favor of the majority.
Following Meta’s criticism, the HJC “reacted”, initially opening the procedure for non-magistrate candidates. From the way in which the appointments of new justice officials have been conducted so far, it is clear that the selected persons are family or friendly ties with important exponents of the ruling Socialists.
Given this premise, most likely, the 4 non-magistrates of the High Court will also be “invested” by the ruling majority.
And right at this stage, interferes with the president of the Supreme Court, Xhezair Zaganjori. He expressed his agreement that the Supreme Court should also function with “reduced” members in order for the institution to emerge from the emergency situation.
But this “suggestion” of Zaganjori goes almost in line with the government’s interests. Currently, the Supreme Court has two members – Xhezair Zaganjorin, as chairman and Ardian Dvoranin, with a mandate completed and known for its proximity to the Socialist Party.
If Zaganjori’s “suggestion” is accepted, to resume functioning of the Supreme Court with non-magistrate members, there is a great possibility that almost all “reduced” judicial bodies will consist of selected Socialist Party.
Zaganjori’s statement comes at a very difficult moment in his career in the justice system. In July last year he was confirmed on duty by the Independent Qualification Commission (IQC).
A few months later, the Public Commissioner appealed the confirmation decision to the Special Appeals College, seeking to dismiss Zaganjori from office.
From the practice so far, the Special Appellate Panel has not opened a green light to any subject. Most likely, Zaganjori, familiar with the views of the HJC so far, is hoping that pro-governmental attitudes will give him the opportunity to pursue his career.
Neglecting the High Judicial Council to initiate procedures for the election of Supreme Court members has given space to EURALIUS experts to give an “absurd” opinion.
In response to a request from the HJC, mission experts, EURALIUS, suggested setting up a Provisional High Court, following the failed Provisional Attorney’s Model.
