The Albanian law explicitly states that after the Prosecutor General’s
mandate is over, they are is allowed to work as a Prosecutors, return to
their previous post or have an equivalent duty.
This law might be very clear for whoever that doesn’t know the law science, but it has been interpreted differently in a meeting between the members of the High Council of Justice. The majority decided to not allow the former Prosecutor General to return in the judiciary system.
One of the five HCJ members who voted in favor of Rama’s return to the system is the Minister of Justice, But while the former PG considered this a politically based decision that goes against the law, the Minister left to be understood that only those who voted in favor of Rama have respected the law.
“You know that the HCJ has started working behind closed doors. I am the Minister of Justice and I proposed to include her case in today’s schedule, because everything is based on the law and her case had been delayed for almost an year. Certainly that I voted in favor, because that is what the law requires. The PG doesn’t undergo a competition for an equivalent post to her previous one after the PG mandate has expired. The law is very clear and for the rest you have to ask the HCJ”, Minister Naco declared.
But it appears that for the HCJ this precedent is an old story, even for other names that should have returned to the judiciary after their mandates were over, such as Deshira Subashi, whose request has never been discussed, together with the former Judge of the Supreme Court, Agron Lamaj; the former President of the Supreme Court, Shpresa Becaj and the head of the High Inspectorate of Declaration and Audit of Assets, Fatmira Leskaj. The Justice Minister, Nasip Naco, who was a Prosecutor in 2008, under the Prosecutor General Ina Rama, declared:
“For the first request I went over my emotions as an official of this state, and I proposed to include it in the discussion agenda. I will propose every request that is in full accordance with the law. The problem is that the HCJ has started holding meetings behind closed doors”, Naco declared.
Another argument used by the members who were in favor of the former PG is the fact that the former head of a very important institution has been left unemployed for 14 motnhs. The members who voted against, declared that Mrs.Rama should compete or she should return as a Judge at the Court of Serious Crimes, since she has lost the quality of Judge as soon as she accepted the duty as Prosecutor General.
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