Parliament: Judges must resign from case
20/05/2014 00:00
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The Constitutional Court of the Albanian Republic is expected to be
involved in a legal scandal, since their judges will review a complaint
of the President, Bujar Nishani, who results to be the employer of two
of their relatives.
The Parliament sent a request to the Constitutional Court for excluding from participation in trial of two judges, in the complaint filed by the President in this court for discharging the Head of the High Inspectorate of Declaration and Audit of Assets, Zana Xhuka.
The this request secured by Top Channel and signed by the General Secretary of the Parliament, Albana Shtylla, is requested the exclusion of judge Altina Xhoxhaj and of her colleague, Vladimir Kristo.
The Parliament argues this request with the fact: “Through the information published on the official website of state institutions, Arben Idrizi, spouse of Judge Altina Xoxhaj, and Olti Kriston, son of judge Vladimir Kristo, are both employed at the institution of the Albanian President, respectively as General Secretary and Legal Adviser.”
“As result, the President who has initiated this case and who claims a direct damage of his competences, is also the employer of the spouse of Judge Altina Xhoxhaj, and of the son of Judge Vladimir Kristo.
Based on the legal base for conflict of interest between judges, the Parliament quotes article no.8577, dated 10 February 2000, for the organization and functionality of the Constitutional Court of Albania, article 36.B, which says:
“The Constitutional Court Judge is forced to resign from reviewing a case when family ties are involved, and which might raise doubts about his objectivity”.
The Parliament of Albania says that “while Judges Altina Xhoxhaj and Vladimir Kristo have not resigned from the case, we feel obliged to ask the Constitutional Court to exclude them from this case”.
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