The Albanian Constitutional Court has refused to accept the suit filed by High Prosecutorial Council (KLP) member Besnik Cani, arguing that an individual does not have the legal standing to initiate a proceeding at the Constitutional Court.
Cani had sent the Court a request to initiate proceedings on the constitutionality of the appointment of Special Appeal Chamber (KPA) judges Luan Daci and Ardian Hajdari, alleging that they had been appointed illegally and in contradiction to due process.
The Court, however, has decided to dismiss Cani’s request on the grounds that only the President, the Council of Ministers, a fifth of the parliament, or the Ombudsman have the legal standing to ask the Court to decide on the constitutionality of the appointment of a public official.
With regards to due process issues, the Constitutional Court argued that cases concerning KPA members, like Daci and Hajdari, comprise individual administrative acts, that fall under the jurisdiction of general administrative courts.
The Constitutional Court’s decision comes a few days after the Special Anti-Corruption Court suspended Luan Daci, at the request of the Special Anti-Corruption Prosecution (SPAK), for falsifying the documentation he used to apply to KPA.
