It seems that the dismissal of Durrës Appeals prosecutor Bujar Hoti will further postpone the establishment of the High Prosecutorial Council (KLP), as there are not enough candidates from prosecutions of all levels.
According to the Constution, the KLP will contain 11 members, 6 from the ranks of the prosecutors (which are currently being vetted), and 5 lawyers from the ranks of civil society, advocates, and pedagogues. These have earlier this year been elected by Parliament after three rounds of voting. The 6 members from the ranks of the prosecutors will be elected by the prosecutors of all levels at the Prosecution Office.
KLP’s Legal Framework
KLP (art. 105(1)):
- Three of the elected prosecutors shall be first instance prosecutors. At least 1 (one) of them shall be a prosecutor of a prosecution office attached to a court of first instance outside Tirana.
- Two of the elected prosecutors shall be prosecutors of the prosecution offices attached to courts of appeal, including the Special Prosecution Office for combating corruption and organised crime. At least 1 (one) of them shall be a prosecutor of a prosecution office attached to a court of appeal outside Tirana.
- One of the elected prosecutors shall be a prosecutor attached to the General Prosecution Office.
Current State of the Vetting
Four first instance prosecutors have been confirmed so far: Dritan Prençi (Kukës, currently Temporary Serious Crimes Prosecutor), Vate Staka (Shkodra), Arta Marku (Shkodra, currently Temporary General Prosecutor), Besnik Muçi (Serious Crimes Prosecutor), and Antoneta Sevdari (Tirana). This means that there are enough candidates that passed the vetting to fill three positions in the KLP.
So far, three appeal prosecutors have failed to pass the vetting: Besa Nikëhasani (Shkodra), Bujar Hoti (Durrës), and Luan Kaloçi (Tirana). Meanwhile, Arben Dollapaj (Shkodër) alone has been reconfirmed. It is precisely to find candidates from this group that a new round of applications needs to be opened, as only one prosecutor has passed the vetting, whereas two seats are reserved for Appeals prosecutors.
So far, two General Prosecution Office prosecutors have been reconfirmed: Anila Leka and Kostaq Beluri, so there are enough qualified prosecutors to fill this seat.
Other candidates that have yet to pass the vetting include: General Prosecution Office prosecutor Ramadan Troci, Tirana prosecutor Shpëtim Kurti, and Elbasan prosecutor Besnik Cani. None of them is eligible to fill the seat foreseen by the law, so opening a new round of applications for Appeals prosecutors is inevitable. Opening a new round of applications will lead to a delay in the establishment of the High Prosecutorial Council as every candidate must pass the vetting process.
