More than 60 swimmers exercise lawsuits against the Justice Ministry

That's on Telegram confirmed by attorney Florin Lata. Lata has said the indictment was handed down Monday on March 16th.

We show that with the Justice Ministry's decision, “PRO But the Law on Administrative Procedure regulates the decisions of administrative bodies such as the Ministry of Justice does not regulate processes or annul processes. The law stipulates that with an administrative act (in this case with the opposing decision) another administrative act can be annulled, where it should be clearly identified as to which act is being annulled.

In the concrete case, the ministry with the controversial decision does not clarify which administrative act is canceling, as from the announcement of a swimming exam to certificates that have been issued to successful candidates are also a host of other acts, where some of them have not been issued by the ministry but from the professional Commission” has stressed the lawyer further.

The lawyer claims that the reasoning given by the Ministry of Justice is not in line with the pre-arranged form of Law. According to him, he does not explain which evidence has taken into account the Ministry of Justice when it issues a controversial decision.

No explanation has been given as to why the discretion has been exercised in the case of deletive decision. Reasoning is general, not mentioning crucial names, dates, facts, or causes. Some important evidence has been completely ignored by the Ministry on the case of making this decision. MD has intended to annul an illegal process, with the controversial ruling has issued an illegal administrative act, assessing as illegal its previous decisions, but without clarifying how it has assessed their legality. Currently, the controversial decision violates the basic principles of the Law for General Administratorial Procedure, and once it seriously violates the constitutional rights of the plaintiffs”, attorney Florin Lata for Telegrafi has declared.

Lata has added that it is worth noting that when an administrative body decides to annul a decision on the basis of the discretion, as the Ministry of Justice has acted, the same should have very clear reasoning and support in legal provisions, which has not happened with the controversial decision, so we consider that the Justice Ministry's decision to cancel the process of testing is illegal and, as such, must be annulled by the Court.

Otherwise, we remember that Justice Minister Albulen Haxhiu on February 20th of this year made a decision to cancel the swimming process.

She had stated that this process has not had legitimacy, transparency, or targets, as according to her, most candidates have been party militants and family members.

Against this test during 2019, there had been numerous reactions, calling it compromised.
In August last year, six civil society organisations had reacted against continuing the process of selecting the Noter, according to the public competition announced by the Ministry of Justice (MD).

According to NGOs, the process in question could not be postponed, as then Prime Minister Ramush Haradinaj had resigned and compromised this process in public, adding that it is unacceptable to continue this process.

By this reaction, NGOs in question had asked the Ministry of Justice to review the decision on the public competition of swimmers, turning it to zero.