The Venice Commission has published the opinion on the appointments in the Albanian Constitutional Court, justifying the positions of President Meta in not accepting the oath of Arta Vorpsi as automatically elected judge by the unblocking mechanism.
The opinion of Venice states that “The President suspended the process unilaterally, but in the absence of the legal vacuum that occurred with the Constitutional Court, the unblocking mechanism would not be enforceable.
It is justifiable to accept the subsequent appointment of a second candidate by the President. That is why it seems reasonable that the President refused to accept the oath of the judge who claims to have been appointed automatically. ” Analyzing the established precedent, the report states that through its act of November 5, 2019, the President unilaterally suspended the appointment procedure before the expiration of the 30-day deadline set by law.
The report states that although such a suspension is not provided for by the Law on the Constitutional Court, it may be in accordance with an unblocking mechanism aimed at unblocking a situation when there is inaction or malicious will by one of the actors involved.
The report further details that based on an interpretation of the legal provisions, it is justifiable to accept the subsequent appointment of a second candidate by the President.
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