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"HOXHA-VELIAJ"/ The Law on SPAK is being reviewed by the Constitutional Court, it is expected to express its opinion on the constitutionality of the commission!

2025-03-27 12:24:50Aktualitet SHKRUAR NGA REDAKSIA VOX
"HOXHA-VELIAJ"/ The Law on SPAK is being reviewed by the
Erion Veliaj/ Gerd Hoxha

The Constitutional Court has been reviewing the law on SPAK and GJKKO in the Deliberation Chamber since 10:00.

Under consideration is the request for the interpretation of whether or not point 5 of article 6 of the law that establishes a so-called “ Special Commission for the Verification of the Assets and Character of Candidates to Become Members of SPAK and GJKKO ” is Constitutional.

The case has reached the Constitutional Court from the Administrative Court of First Instance, which accepted the request of Judge Gerd Hoxha that this article immediately reach the highest court in the country.

Gerd Hoxha, currently vice president of the Tirana Court, had applied to the High Court of Justice to be promoted to the position of special judge, after successfully passing the two stages of vetting. But this was not enough for him.

Another special commission, provided for by the law on the functioning of the GJKKO and SPAK, disqualified him from the competition because, according to them, he did not meet the criteria related to wealth and integrity.

For Judge Hoxha, this is a second vetting that has been done to him and this is unconstitutional because he cannot be tried twice for the same matter.

The argument used by the Commission, which consists of 2 SPAK prosecutors, a member of the GJKKO, a SPAK financial investigator and a member of the BKH, was a meeting between Judge Hoxha and the Mayor of Tirana, Erion Veliaj, on June 20, 2024, at a public event at the British Embassy, ​​with hundreds of guests for the birthday of King Charles III.

This meeting was considered inappropriate contact.

So a commission with 5 members, 4 coming from the Special Prosecution Office and only one judge, can disqualify from the competition after a verification that is not certified in any court, not only the candidates to become special prosecutors but also the judges of the GJKKO, to whom the files will then be sent. 

The law clearly states that candidates must pass this filter of this 'super structure' of SPAK to then be considered by the Supreme Court or the Supreme Administrative Court, as the case may be.

The disqualification from the competition for Special Judge of Gerd Hoxha is being reviewed by the Constitutional Court and it will be the highest court in the country that will give a final answer to the issue, which is awaited with great interest, especially at a time when discussions about SPAK and its competencies are more current than ever before.

The constitutional debate over this filter is also holding hostage other names who claim to have been unfairly disqualified from the competition for SPAK prosecutors, such as the case of prosecutor Ndini Tavani, who, after passing the vetting without problems, was not accepted by his SPAK colleagues to join them in the fight against corruption and organized crime.


Në përputhje me standarded JTI

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