In a narrow 4-3 majority decision, the Constitutional Court dismissed Naureda Llagami’s request, which challenged the procedure for selecting Judge Asim Vokshi for the vacant seat of this court.
According to the Constitutional Court’s announcement, the panel unanimously assessed that it has jurisdiction to review the case, but was divided on the legitimacy of the petitioner. Four of the seven judges assessed that Llagami does not have the legitimacy to request a reassessment of the election process.
“The applicant as an individual can initiate a constitutional review, but this provision requires that the act of public authority has violated the fundamental rights and freedoms guaranteed by the Constitution,” the announcement explains.
The minority, three members of the panel, argued that individuals running for constitutional office have a legitimate interest in seeking constitutional review.
Due to the lack of a quorum, Llagami’s request was rejected. The court also rejected her request to exclude two members of the Constitutional Court who are part of the KED, while Zaçaj was not part of the body that reviewed the request.
The process for appointing a member of the Constitutional Court has been tense and accompanied by suspicions of vote manipulation.
Documents show that at the September 30 meeting, Llagami received 8 votes, Vokshi 6, one vote was declared invalid, and another candidate received no votes.
An audio recording of the meeting, which has been circulated in the media, depicts objections and interference during the vote. However, the Supreme Court considered the process “legal, transparent and documented at every step” and denied any manipulation.
Judge Asim Vokshi was declared the winner of the vacant position on the Constitutional Court on September 30. According to the rules, no one managed to secure 3/5 of the votes, so Vokshi, who had secured first place in the KED score, was declared the winner.
Llagami contested this procedure first in the Administrative Court and then in the Constitutional Court, claiming that the vote declared invalid “clearly expressed the will in her favor.”
President Bajram Begaj decided not to decree Asim Vokshi until a decision is made by the Constitutional Court, arguing that this would avoid “any precedent harmful to the institution.”
The Constitutional Court is the highest institution that guarantees the implementation of the Constitution and the balance between the three main branches of state power. It is composed of 9 members, of which three are appointed by the President of the Republic, three by the Assembly and three by the Supreme Court. The judges of the Constitutional Court hold office for 9 years without the right to reappointment.
Gazetare në “Rrjetin e Raportimit të Krimit të Organizuar dhe Korrupsionit në Shqipëri”- RRKOKSH.
