The Appeal Chamber (KA), the highest vetting institution, has announced today the ad-hoc commission members that will consider the appeal brought by the Public Commissioner against the February 16 decision of the Independent Qualification Commission (KPK) to terminate the vetting of former General Prosecutor Adriatik Llalla.
After finishing his mandate Llalla decided not to exercise his right to be reinstated as magistrate is therefore no longer part of the judiciary. He has therefore effectively resigned from office.
The Constitution guarantees the right of any assessee to resign, following Constitutional Annex art. G(1): “An assessee may resign from office, and in this case, the re-evaluation process is terminated.”
Law no. 84/2016 on the “Transitional Re-evaluation of Judges and Prosecutor in the Republic of Albania,” also known as the vetting law, is, however, more strict. According to art. 56(1):
The assessee has the right to resignation not later than three months from the entry into force of this law. The resignation shall be submitted in written form to the President of the Republic and shall be published in its official website. In case of resignation, the Commission shall issue a decision on the termination of the re-evaluation proceedings.
However, precisely the boldface part was annulled by the Constitutional Court on December 12, 2017 in Decision 78. In other words, is does not matter when Llalla resigned, his vetting ought to be terminated.
