Debates and accusations against each other among some of the members of the High Prosecutorial Council have become a routine during plenary meetings. At the beginning of the meeting, which in the first half was chaired by Deputy Chairman Erind Gërmenji, member Sokol Stojani returned to the issue he had repeatedly raised in recent months, requesting information regarding the appointment of the authorizing officer, in the absence of the Secretary General of the High Prosecutorial Council, who has voluntarily resigned from office.
He then requested that member Erind Mërkuri's proposal for changes to the regulation "On the transfer of prosecutors through the parallel movement procedure" be placed on the agenda.
Stojani accused the non-approval of the changes of being held hostage unnecessarily, creating obstacles to opening vacancies, so that transfers could be made later. He said that the announcement of vacancies is something urgent and added that the approval of the changes to the regulations according to the proposal of the Wednesday, also creates opportunities for the settlement of students who are appointed to the position for the first time. Stojani further described the requests for changes to the regulations, proposed by member Erion Fejzulla, as illegal and accused the latter of obstructing the approval of the changes together with the chairwoman.
Member Erion Fejzulla opposed Stojani, calling him the mastermind of the delays, who had postponed the process without any reason from November to February. While Stojani was replying, Fejzulla pointed out that he had not interrupted him while he was speaking and asked to be given the opportunity to present his explanations. “Let us start the meeting,” said Fejzulla and referring to the legal provisions, he stated that there is enough time to carry out the procedures. “I am not delaying anyone,” said Fejzulla.
Member Zeqir Hoda noted that the opinions of the prosecutors were withdrawn from both members for this process. Due to the absence of some of the members, he emphasized that such an important issue deserves the presence of all members of the KLP. Also, Hoda asked Deputy Chairman Gërmenji to enable the following of an order for those who took the floor and were included in the discussions. “To convey the value of an institution as the law has provided, so that we can influence with the ethics that this institution should convey”, said Hoda, but Gërmenji expressed that although he has the approach to respect everyone, sometimes it was impossible to maintain order among the speakers, due to the debates and counter-responses between them.
Member Ledina Riza addressed Stojan, saying that they had heard his constant monologue. She noted that she had told Stojan to bring the report to the committee, but that he had not done so.
But Stojan replied by saying that he had it there. "Don't lie," he addressed Riza and noted that he had sent the report. Riza then stated that Stojan and member Moisi Duda's concern remained, that the parallel motion procedure should be started. But, she added that there were two proposals from members Erion Fejzulla and Erind Mërkuri.
"I requested that Fejzulla and Mërkuri collaborate on a draft regulation and that those points be addressed before the council and discussed whether they would be approved or not. We have heard them, but no agreement has been reached regarding the regulation," said Riza and described both proposals for changes as insufficient to affect the current regulation.
Riza requested that both proposals be addressed, assessing that considering only one of them would create inequality.
At one point, Riza accused Stojan of actions and gestures that she described as shameful and, after asking her colleague to undergo psychological health consultations, left the meeting.
After these debates, with six votes in favor, it was decided to place the Wednesday proposal for amending the regulation on the agenda.
In the middle of the meeting, the chairman Mirela Mogdani arrived, who proposed that this issue be reviewed when all members are present. “I would like Mr. Fejzulla to be in the hall,” she said. But Stojani described the delay as one of the most serious things. “I see a reason here,” said Stojani, describing Fejzulla’s proposal as not in accordance with the law.
Subsequently, with six votes in favor and one against by President Bogdani, the changes proposed by Mërkuri were approved.
According to the proposal of Merkur, after Article 6, "Documentation required for candidacy", Article 6/a was added, which stipulates that the council takes measures to publish the positions it has announced vacant on its official website. It is also envisaged that when a prosecutor applies for the announced vacancy, the name of the prosecutor and the position for which he/she has applied are published within 24 hours.
The changes approved on Wednesday allow prosecutors who have applied within the deadline to change the selection of the positions they have applied for, through a request, within a period of 48 hours.
The rapporteur appointed for the announcement of the parallel movement procedure is responsible for implementing these provisions.
Another change was made to point 2 of Article 9 of the regulation, which deals with the aspects of the parallel movement procedure. This point stipulated that, “for each parallel movement procedure, a rapporteur is appointed by lot”. According to the approved change, “the rapporteur appointed by lot by the Commission for the announcement of parallel movement positions shall follow the relevant procedures until the moment when the Council, by decision, verifies the fulfillment of the legal conditions for all prosecutors who have applied. Furthermore, for each transfer procedure through parallel movement, the Council shall appoint a rapporteur by lot”.
After Article 44 of the regulation “Decision on the ranking of candidates and the right to appeal”, Article 44/a was added, with the following content: “in the case where the candidate who was ranked first, before being appointed, withdraws from running for that position, selects another position, or for various reasons provided for by the legislation in force, loses the status of magistrate, then the Commission carries out and proposes to the Council another ranking of the candidacies, according to the legal provisions”.
The new provisions will not affect previous parallel movement procedures that are still in progress. They will enter into force upon publication of the decision in the Official Gazette./Reporter.al
