Exclusive/The Race Process for Prosecutor General May Fail, Klp Violated the Procedural Rules

Gazeta SHQIP has the full lawsuit of the candidate for Prosecutor General, Mr. Lulzim Alushaj, deposited in the Administrative Court of Appeal, for violation of procedures by the High Prosecutorial Council.

The lawsuit, which is expected to be heard on October 16, at 10:00 AM, indicates a violation of the term limits of racing for Prosecutor General.

The story begins with the Call for Applications to Candidates for Prosecutor General which was published on March 29, 2019. After that date, the interested parties were given 30 days to submit their application and interest with the relevant documentation.

The deadline for receiving applications was on April 29, 2019. Within this date, 4 people, Arta Marku, Olsian Cela, Fatjona Memcaj and Lulzim Alushaj, filed the application and documentation.

According to Article 31 of Law No. 97/2016 “On the Organization and Functioning of the Prosecution Office”, the Career Commission of the High Prosecutorial Council (KLP) had to verify the legal conditions of the candidates within 45 days. This legal deadline expired on 17.06.2019.

On June 17, 2019, in the next meeting, the KLP requested to extend the legal deadline (ie postponing the legal deadline by administrative decision / act) to allow the termination of the Vetting Process for candidate Mr. Olsian Cela.

Mr. Çela passed the KPK and did not appeal from the IKP (Public Commissioner), so it was finally confirmed on September 24, 2019.

Contrary to the provisions of Article 31 of Law no. 97/2016, the High Prosecutorial Council does not leave the verification of the legal requirements to the Career Committee in the KLP, but does so itself in plenary session, thus violating the law.

On September 25, 2019, the KLP convenes and determines the agenda for the verification of the legal requirements of the 4 candidates for the Prosecutor General. At that meeting it excluded from the race Mr. Alushaj with the motivation that on April 29, 2019 (the last date of applications for candidates) he did not have 15 years as a prominent lawyer.

As a result of public acts dated on April 29, 2019, the other candidate Mr. Çela did not fulfill a legal requirement because he did not pass the Vetting Process on the basis of Article 148 / a / 3 of the Constitution (high moral and professional integrity) and Article 22 of the Law no. 97/2016 (the precise definition of the legal requirement that Candidates should have passed Vetting Process prior to their application).

So, for the candidate Mr. Lulzim Alushaj, KLP applies as a deadline for considering the fulfillment of legal requirements the date of April 29, 2019 (deadline of application for all candidates) while for the candidate Mr. Olsian Cela, KLP postpones a legal deadline (Article 31 of Law no. 97/2016) to allow him to meet a legal criterion that he did not have at the time of application, ie on April 29, 2019.

These legal violations and discriminatory behavior of the KLP are subject to adjudication in the Tirana Administrative Court of Appeal, where is required the annulment of Decision no. 169 dated 25.09.2019 and complete cancellation of the procedure for the Prosecutor General’s race. The filing of the lawsuit by the Court of Appeal would create very dangerous precedents for the rule of law and legal certainty.

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