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How the renewal of the Constitution within 2025 is failing! The Supreme Court 'loses' with Zaçaj, the mandates of Toska and Bejtje after October 16

2025-09-01 15:42:19Aktualitet SHKRUAR NGA REDAKSIA VOX

How the renewal of the Constitution within 2025 is failing! The Supreme Court

For 10 months, the Supreme Court has not replaced the constitutional judge, Holta Zacaj, even though she was involved in an institutional clash with him, from which she emerged victorious. The Judicial Appointments Council has qualified 3 candidates so far, but the verification is continuing for two more candidacies. The Constitutional Court itself holds two other vacancies hostage, leaving the first session on October 16 at the request of the President on this issue.

Despite the institutional debate and the Constitutional Court's own decision to replace three members of this court in 2025, the renewal scheme appears to have failed in practice.

The three judges included in the refresh scheme are: Elsa Toska, Holta Zacaj and Sonila Bejtja, whose mandate the Constitutional Court has not yet expressed. For the position of Elsa Toska, who resigned a year ago, the replacement has stalled, after the Judicial Appointments Council rejected the candidacies presented as unsuitable, and asked the Albanian Parliament to open the competition from scratch.

The Parliament, accused of having incorrectly determined the terms of office of the judge who will replace Elsa Toska, has not opened the competition, awaiting a final interpretation from the Constitutional Court itself. As for the replacement of Holta Zacaj, who refused to leave herself, but the court forced her to start the replacement procedure, there is again an impasse.

The Supreme Court has been holding the race since December, but despite the fact that 10 months have passed, not all of the candidates who have applied for this position have been evaluated. The review has ended for the former president of the Supreme Court, Naureda Llagami, the former Public Commissioner, Florian Ballhysa, and the senior judge, Asim Vokshi. The process continues for the former president of the Central Election Commission, Denar Biba, and the former vetting commissioner, Alma Faskaj.

Although the law on the Constitutional Court has provided for 4 months for the replacement of a member of the court, in this case, the KED has not clarified the reasons why the verification of candidates, one of whom will replace Holta Zacaj, is taking so long. As for the third mandate, of Sonila Bejtja, the President of the Republic has been setting the Constitutional Court in motion for 8 months, but the latter has postponed the first court session on this issue to October 16.

At this rate, within 2025, only 1 constitutional judge, Holta Zacaj, can be replaced and not the other two, thus undoing the renewal scheme, recognized by the Constitutional Court itself, where every three years, three members must leave at once. / Shqiptarja.com


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