The former president of the High Judicial Council, Naureda LLagami, submitted a four-point request to the Constitutional Court on Tuesday, October 14, through which she seeks to win the vacant position of Constitutional Council member Holta Zaçaj.
Although Judge Asim Vokshi was declared the winner on September 30 based on the scores of the Judicial Appointments Council, Llagami claims that she received the necessary votes to be declared the winner, including one vote that was declared invalid.
Llagami raised claims for an invalid vote and after requesting all the acts of the voting procedure and vote counting in the High Court, with the argument that the will of the voter was clearly in her favor, she turned to the Administrative Court of First Instance with a request to suspend the implementation of the decision that declared Vokshin the winner.
In the request addressed to the Constitutional Court on Tuesday, Llagami first listed the request for the annulment of Monday's decision of the Administrative Court of First Instance of Tirana, which rejected his request for a lawsuit insurance with the aim of suspending the implementation of the decision that declared Vokshi the winner, for the seat of Zaçaj. Judge Semiramis Hoxholli, who reviewed Llagami's request, decided to remove the case from the administrative court's jurisdiction, and consequently, to reject the request for a lawsuit insurance for consideration. The decision also noted that a separate appeal could be filed with the Administrative College of the Supreme Court, within 5 days.
Llagami asks the Constitutional Court, after overturning Hoxholl's decision, to return the case for retrial to the Administrative Court of First Instance, but with a different panel of judges.
In addition, the former President of the Constitutional Court also presents an alternative request, in the event that the Constitutional Court will assess that it has jurisdiction to resolve this dispute. In such a case, Llagami requests the annulment of the decision to elect Judge Asim Vokshi as the winner for the vacancy on the Constitutional Court. She also requests the declaration of the voting result for the candidate Naureda Llagami with nine votes in her favor, declaring her the winner for the vacancy created on the Constitutional Court.
In conclusion, she submits requests for the suspension of the implementation of the decision of the Special Meeting of Judges of the High Court and the decision of the Administrative Court of First Instance of Tirana.
Constitutional Court judge Gent Ibrahimi has been appointed as rapporteur for the review of Llagami's request.
Former President of the Albanian Administrative Court, Naureda Llagami, told BIRN on Tuesday that she had no comment on the decision of the Tirana Administrative Court of First Instance. She described her research in the courts as a new practice that has apparently been tested.
In a previous interview, Llagami told BIRN that declaring a vote invalid is a distortion of the will of the voter and that this was the main reason why she requested the precautionary measure of the lawsuit to suspend the decision that declared Vokshi the winner. According to her, it is important to also test the process related to the evaluation of the vote, emphasizing that this is the first case to be contested and that the practice that will be developed will be useful in the future.
The Constitutional Court responded to BIRN’s question about the timeframe for handling Llagami’s request, stating that the request for suspension will be reviewed as a priority in the coming days. The Constitutional Court also said that it will review the case as a whole as a priority, just as it is reviewing the case of Tirana Mayor Erion Veliaj. The latter considered his dismissal as mayor, which took place a few months after he was arrested for corruption, to be incompatible with the Constitution.
Meanwhile, Llagami's appeal appears to be delaying the appointment of Judge Asim Vokshi to the Constitutional Court. Asked by BIRN, the Presidency's spokesperson, Arta Sakja, reiterated the same position over the past two days. "I assure you that you will be informed as soon as it is included in the agenda," she wrote on Tuesday on the WhatsApp application. /BIRN/
