In yesterday’s meeting the Justice Appointments Council (KED) decided to increase the number of administrative staff and to schedule the upcoming meeting.
KED’s meeting violates the law and its decisions are invalid given that the necessary quorum of five members was not and cannot be reached.
The draw on KED 2019 was held on December 7, 2018. The lack of candidates from the Appeals Prosecution who met the criteria left the KED with an empty seat. Moreover, Head of Constitutional Court Bashkim Dedja’s dismissal by the Special Appeals Chamber (KPA) left KED 2019 with only seven members.
Only four of the incumbent seven members were vetted and confirmed in duty. The other three (Fatri Islamaj, Margarita Buhali, and Eriol Roshi) are yet to go through the vetting process, therefore they cannot participate in meetings.
Therefore, the four KED members are not enough to reach the necessary quorum of five members required for any KED meeting to take place.
It is KED’s duty to rank in a list the candidates to the Constitutional Court who meet the criteria. The list is submitted to the Parliament, High Court and President. In case these institutions are not able to elect their respective (three) members to the Constitutional Court, then they are automatically nominated according to the KED list.
