After Fatos Lulo, Who Is Next?

On Friday March 23, the Independent Qualification Commission (KPK) announced the Constitutional Court judge Fatos Lulo did not pass the first round of vetting on account of his unjustified assets. Lulo is the first judge not to pass reassessment. Through his lawyer Lulo stated that he will appeal the decision of the KPK at the Appeals College (KA). In the meantime, the KPK will work through a growing list of magistrates.

In December, the KPK published a list of 57 judges and prosecutors that will pass through the vetting first. These also include 14 candidates from the ranks of the ranks of judges for the High Judicial Court (KLGj) and 19 candidates from the ranks of prosecutors for the High Prosecutorial Court (KLP). The vetting of KLGj and KLP candidates is one of the last hurdles for the installation of these two key new regulatory bodies by Parliament. Only after the installation of the KLP, the current Temporary Prosecutor General can be replaced by a legitimate Prosecutor General, as well as the Special Prosecution and National Investigation Bureau established.

The list also includes 7 candidates for the Council of Judicial Nominations (KED), which is supposed to nominate the new judges to the Constitution Court, which is now dysfunctional after it lost its quorum with the departure of Lulo.

In the meantime Constitutional Court judge and KED candidate Besnik Imeraj withdrew himself in February, and last week the KPK announced that they have referred his entire dossier to the Prosecution Office. Also former Prosecutor General Adriatik Llalla has been removed from the list in February, after he was replaced by Temporary Prosecutor General Arta Marku, who has not been vetted. This leaves 54 judges and prosecutors to be vetted from the list published in December 2017.

In January, the KPK published a second list of 36 names chosen by lottery, containing KED candidates, prosecutors from the General Prosecution Office, and directors from several regional courts and prosecution offices. In March, a third list of 36 names was published with directors from several regional courts and prosecution offices.

This brings the total number of judges and prosecutors currently under investigation by the KPK at 126.

It is as yet unknown when the next public hearing of the KPK has been scheduled.