IKD: Bill on Disciplinary Responsibility of Judges, Prosecutors Breaks Constitution

In a report released on Tuesday, Gzim Shala from this institute said the needs for the adoption of this law had been submitted since 2021, but that they have been addressed by the Ministry of Justice.

The “at the time when the public consulting document regarding the LPDJP was published, the MDI was run by Mr. Selim Selimi, who on March 22, 2021 was succeeded by Justice Minister Mrs. Albulen Haxhiu. These needs in relation to the advance of the LPD DJP have been ignored by MD, both in Selim's mandate and in Haxhi's mandate. The latter has sent the bill for approval to the Government with only one change, ignoring all concerns raised by IKD”, he said.

Shala has said that the needs for reforming the accountability system of judges and prosecutors, through the fulfillment and amendment of the Law, have been evident even at that time. According to him, however, the MD ignored all these needs, only formally meeting the legislative agenda.

<x) However, as this Law is being revised, Vettingu did not end, but has not even started”, Shala added.

Shala has also said that the provisions of the current draft law are involved in constitutional violations. According to him, the bill conflicts with the “Constitution, since unwarranted property is not included in either of the two categories the dismissal of judges or prosecutors” is determined.

Also, Shala has declared that the MD is referring only to draft amendments, which have not been adopted and as a result, are not part of the Constitution.

He has said it is about constitutional amendments for which the Constitutional Court gave the green light for their approval, but that the same were never adopted. / BpD