The Special Appeal Chamber (KPA) dismissed Besnik Muçi, whom the President appointed member of the Constitutional Court only about one month ago.
Whilst Muçi was confirmed in duty by the Independent Qualification Commission (KPK), the KPA found that he had “insufficiently and incorrectly declared his and his relatives’ assets.”
Speaking to journalists after the verdict, Besnik Muçi claimed that the KPA had no power to adjudicate on a Constitutional Court member. He said vetting institutions started to vet him when he was a prosecutor, and that they should have stopped the process when Muçi was appointed to the Constitutional Court.
“The moment took an oath at the President’s Office and took over the duty of a Constitutional Court member, I lost the status of prosecutor […] The KPA didn’t have the power to continue reviewing my case. My case started due to my duty as prosecutor. Once my status as prosecutor ended, according to Constitution art.130 and art.64 of the Law on the Status of Magistrates, I was not a [KPA] subject anymore. The KA has no power anymore on a Constitutional Court member.”
The Constitutional Court currently has 5 members: Vitore Tusha, Besnik Muçi, Fjona Papajorgji, Elsa Toska and Marsida Xhaferllari. It’s not clear what will happen with Muçi after today’s KPA verdict.
Besnik Muçi was the only unvetted candidate in the lists sent to the President.
Under the government pressure, which had promised a functioning Constitutional Court before autumn, the Justice Appointment Council (KED) decided to forego the requirement for all candidates to have undergone all stages of vetting. The Chair of KED Arian Dvorani stated back then that there was no time and no need for full vetting of candidates.
President Meta appointed Besnik Muçi to the Constitutional Court on October 16.
The KPA decision to dismiss him, and Muçi’s claim that the vetting institution has no such power further complicate the constitutional crisis in Albania.
