On May 31, the European Court of Human Rights (ECHR) will decide on whether to review the appeal filed by former Albanian Judge Altina Xhoxhaj regarding her dismissal by the vetting process. It follows a previous ECHR decision against her by a lower panel in February.
This time, a panel of the Strasbourg-based court will examine the referral request filed by Xhoxhaj that her dismissal case be re-examined by the Grand Chamber of the ECHR.
Pursuant to the rules of the ECHR, a panel of five judges pre-emptively decides which cases will be heard before the Grand Chamber.
On February 9, the Chamber of the ECHR, which comprises a panel of seven judges ruling mostly on admissibility and merits of cases the Court does not consider repeatedly, ruled that the vetting process that led to Xhoxhaj’s dismissal did not violate Article 6 of the European Convention which stipulates every person’s right to a fair trial.
Xhoxhaj’s referral request presented to the 5-judges panel amounts to an appeal of the court’s February 9 decision. If the panel finds that Xhoxhaj’s request is founded, the Grand Chamber will re-examine if the judicial vetting process violated the Convention.
The February 9 decision issued by the Chamber of the ECHR ruled that the bodies established to undertake the vetting procedure in Albania were done so legally.
The Court affirmed that there had been no violation of the standard legal process and that the Independent Qualification Commission (KPK) and the Appeal Chamber (KPA) had acted in accordance with the law in Xhoxhaj’s case.
This is the first ruling issued by the ECHR in regard to Albania’s judicial vetting process.
Xhoxhaj, who was released from her duties in 2018, appealed before the ECHR the KPK’s and KPA’s decision to dismiss her, claiming that the vetting process had violated her fundamental human rights and freedoms, including the right to a fair trial and the right to respect for private and family life.
The KPK and KPA based their decision to dismiss Xhoxhaj over her and her partner’s inability to justify their purchase of a 101 sq.m apartment, among other inaccurate or concealed cash and liquid assets. Xhoxhaj was also accused of failing to recuse herself from constitutional proceedings involving a conflict of interest.
