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Politike

Alfred Balla challenges the College's decision to end his mandate, KLP will decide on Monday about his "fate", here is what is expected to happen

Alfred Balla challenges the College's decision to end his mandate, KLP will

Dozens of judges and prosecutors have been removed from office over the years by the decision of the Special Appeals College, but the head of the High Prosecution Council, Alfred Balla, seems to have decided in an unprecedented way to challenge the decision-making of the second instance of vetting. After the vice president of the KLP, Tartar Bazaj, called a plenary meeting for Monday with the purpose of "declaring the end of the mandate" for Balla, the latter announced yesterday that he had called a second meeting of the KLP, on the same day and hour. Through the official account of the KLP on WhatsApp, Balla called the meeting in order to interpret the decision-making of the KPA for its vetting process. "..Discussion of the influence or not of the decision No. 23, dated 21.05.2024 of the Special Appeal Board on the status of the member of the KLP, elected by the Parliament as part of the Albanian Civil Society, Mr. Alfred Balla," it is said in notice. The Special Appeals Chamber decided on May 21 to remove Balla from the justice system for a period of 15 years, overturning a first-instance decision that ended his trial without a verdict. Balla's current position as chairman of the KLP contradicts the decision of the KPA.

What did Balla say?

Balla clarified yesterday that he is still in office as chairman of the KLP, giving also the constitutional arguments that keep him in this office. "Starting from the interest of journalists and the public after the decision of the KPA, I personally need to clarify; Based on the fact that the KLP had no scheduled meeting for decision-making this week or next week; The fact that 9 members of the Council have so far been on a working visit abroad. It was not necessary and feasible to meet the relevant Commission and the Council urgently. On the other hand, in the analysis of the content of the decision of the KPA (abbreviation as it has not yet been fully disclosed) made available, I estimate that: It did not analyze and prove facts that made my election as a non-magistrate member of the KLP questionable , to have room to apply Article 149/bi of the Constitution. Anyway, a meeting of the Commission and the Council is planned next week and this problem will be analyzed and evaluated by the High Council of Prosecution itself. I want to emphasize that my 5-year constitutional mandate has ended and I am staying in office, due to the constitutional provision, until the appointment of the person who will replace me. This explanation is necessary, in order not to create abusive situations, referring to the decision of the KPA and the effect it has on another constitutional body, as it is not in the interest of the public", says Alfred Balla in his reaction.

The reaction from KLP?

Asked by BIRN about the parallel agenda proposed by Balla, the deputy head of the KLP, Tartar Bazaj told BIRN that the decision of the KPA leaves no room for interpretation. "I was obliged to implement the constitutional obligations and call an urgent meeting, because the decision of the KPA is a decision of the Constitutional Court and there is no room for interpretation, but it must be implemented immediately," said Bazaj. We remind you that Alfred Balla underwent the transitional reassessment process due to his work as a legal assistant in the Supreme Court until July 31, 2017, which was determined by the legislation on the vetting of magistrates. In the KPK, the body assessed in the majority that Balla had lost his status as a magistrate after he was dismissed by the head of the Supreme Court in July 2017 and closed his process without a final decision. The Public Commissioner, Florian Ballhysa, appealed the decision of the KPK to the College, requesting the imposition of a 15-year sanction, which was considered fair by the College.