The Constitutional Court, which is reviewing the constitutionality of an article related to the integrity of judges or prosecutors appointed to the Special Court and SPAK, has postponed the session to another date.
This is because he has assessed that he should summon as a third party, in addition to the Parliament and the Council of Ministers, the High Judicial Council, which did not appoint Judge Gerd Hoxha to the Special Court.
The current deputy president of the Tirana court, ran for the GJKKO after previously passing the vetting. A special commission formed under article 6, point 5 of law no. 95 of 2016 “On the organization and functioning of institutions to combat corruption and organized crime”, gave a negative assessment, which caused the KLGJ not to appoint Hoxha to the GJKKO.
Hoxha moved the Administrative Court, claiming that the special commission used as argument a random photo of him with Mayor Erion Veliaj at an official event of the British Embassy in Tirana.
The Administrative Court addressed the Constitutional Court and requested an interpretation of Article 6, point 5 of Law No. 95 of 2016.
The article in question provides: "The special courts against corruption and organized crime, the Special Prosecution Office and the National Bureau of Investigation shall establish the Special Commission for the Verification of the Assets and Character of Candidates to verify the security conditions prior to assignment or appointment, composed of:
a) two prosecutors of the Special Prosecution Office, selected by lot. The selection process by lot is monitored by the Ombudsman;
b) one judge of the special courts against corruption and organized crime, selected by lot. The selection process by lot is monitored by the Ombudsman;
c) an employee of the financial investigation section of the Special Prosecution Office, appointed by the Head of the Special Prosecution Office;
ç) an investigator of the National Bureau of Investigation, appointed by the Director of the National Bureau of Investigation.
The Constitutional Court, which is reviewing the case based on documents, has decided that the parties in the process be summoned and the High Judicial Council as the appointing body, and the hearing was postponed to April 23, 2025.