EURALIUS and USAID have refused to give an opinion concerning the mandate of High Court judge Ardian Dvorani, arguing that the issue falls outside their competences. Arguably, the issue falls exclusively under the jurisdiction of the High Judicial Council (KLGj).
In a letter addressed to KLGj, the international partners stated that “though [they] are ready to offer technical assistance to the Council, not only on principle, but also as a result of well-defined guidelines, [they] cannot give an opinion regarding individual cases, as this is exclusively the responsibility of the Council.”
On May 5, KLGj asked the opinion of “international partners” on the dismissal of High Court judge Ardian Dvorani.
This move on the KLGj’s part was not legally justifiable. International partners are limited to providing technical assistance to newly founded judicial institutions, but interpreting the laws or the Constitution would be an overstep.
If KLGj needs an interpretation of the Constitution, it can turn to the Constitutional Court.
Seeing as the Constitutional Court cannot operate under the current conditions, as it does not have enough members, another legal and institutional option is available. KLGj could turn to the Venice Commission for an opinion on Dvorani’s mandate.
