INSURRECTION/ SP MPs rebel, drag Gjati to vote on territorial division!

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2026-10-06 17:19:00Pikëpamje SHKRUAR NGA YLLI MANJANI

Vetting has fallen and this cannot be ignored indefinitely.

The time has come to say without any complications that the vetting has failed!

That is, not vetting as an idea. Nor the need for justice to be cleansed of people unsuitable to exercise the function of judge or prosecutor.

But the myth that vetting was infallible and that anyone who passed it was automatically considered unworthy of justice has fallen.

The European Court of Human Rights is dismantling this myth decision after decision.

Today it is Adnan Kosova's turn. A prosecutor since 1986, Kosova was initially confirmed in office by the KPC and then dismissed by the Special Appeals Chamber.

Strasbourg found a violation of Article 8 of the Convention. His dismissal was not proportionate to the aim pursued and the authorities had not provided relevant and sufficient reasons for such a severe measure.

The logic of things dictates that, if Kosovo requests it, reopening the vetting procedure and reconsidering his case would be the appropriate measure.

It's not just Adnan and Kosovo.

We already have other decisions where the Strasbourg Court has found violations in matters directly related to removal from the system through vetting.

Gentjan Osmani, Shkëlzen Selimi, Ervin Metalla and several others won against Albania in Strasbourg, where they found a violation of Article 8 of the convention, because the dismissal was not proportionate.

All of them have the right to request the reopening of the procedure and the reconsideration of the cases.

So we are no longer facing a legal accident.

We have a recurring problem.

More such decisions are expected to come. The more such decisions Strasbourg produces, the more absurd the silence in Tirana becomes.

Because what do we do with these people?!

A group of former magistrates, with European Court decisions in hand, today wander between the Supreme Court of Justice, the Constitutional Court, and the Constitutional Court.

Who should return them?

Who should reopen the procedure?

Who should effectively execute the Strasbourg decision?

Who should take institutional responsibility for the fact that a person was removed from the system through a procedure that the European Court has found to be in violation of the Convention?

The response of Albanian institutions so far is almost monumental:

Push!

The Supreme Court pushes.

KLP pushes.

The Constitutional Court postpones.

It is postponed with procedure, postponed with competence, postponed with medical reports.

While the Government and Parliament act as if the problem does not exist.

But this problem can no longer be hidden under the rug.

Today, the problem is even greater, because the justice system is in desperate need of judges and prosecutors.

The courts have extraordinary workloads. The files are piling up. The magistrates in office are overwhelmed.

Vacancies continue. The Magistrates' School cannot produce the necessary number of judges and prosecutors on command. Much less can it produce within a few years what is not produced in the auditorium, the magistrate with professional experience.

Meanwhile, outside the system we have magistrates with dozens of years of experience, for whom the European Court is saying that their removal has violated the rights guaranteed by the Convention.

What other absurdity needs to happen for the Albanian state to react?!

Justice reform cannot be defended by refusing to correct its mistakes. On the contrary. A serious reform is proven precisely by its ability to correct the injustices it has itself produced.

Those who conceived, voted for, and supported the reform must accept the elementary truth that even a necessary reform can produce unjust decisions.

Even the vetting institutions could have been wrong. Even the KPA could have been wrong.

And when this is not said by lawyers, journalists or politicians, but by the European Court of Human Rights, the state cannot continue to behave as if nothing has happened.

Strasbourg decisions are not opinions. They are not newspaper articles.

They are not Facebook statuses.

These are decisions that Albania is obliged to implement. Therefore, a legal mechanism that provides solutions to these cases must be immediately established.

And yes, it must be said without fear that Magistrates who are found to have been unjustly removed must have a real path to return to the system.

Not automatically anyone who has lost the vetting. Not by undoing the process. But where a Strasbourg decision finds a violation and requires an effective review, the state must create the mechanism that makes that review real and, when the legal conclusion requires it, enable reinstatement.

First, because this is what justice towards the individual requires.

Secondly, because this is required by compliance with the Convention.

And thirdly, because the Albanian justice system itself is in dire need of experienced magistrates.

You cannot preach the rule of law and at the same time pretend not to see the decisions of the European Court. You cannot demand justice from judges and deny it to judges.

Nor can you say that the reform was made to establish the law and then, when European law shows you the error, protect yourself behind institutional silence.

Vetting can no longer be a state religion where admitting error is considered heresy. It was a legal process. And any legal process can go wrong.

When Strasbourg finds a mistake, the state's duty is not to hide it. It is to correct it.

As soon as possible.

The rest is just talk.


Në përputhje me standarded JTI

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