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The detail that led to the dismissal of the head of the KLP, Alfred Balla

The detail that led to the dismissal of the head of the KLP, Alfred Balla

 The Special Board of Appeal, KPA announced on Tuesday, May 21, the decision on the vetting process against the chairman of the High Council of Prosecution, KLP, Alfred Balla. Unlike the Independent Qualification Commission, the KPK, which assessed ending the process against Balla without a final decision, the College decided to change it and imposed the sanction requested by the Public Commissioner, Florian Ballhysa, which prohibits the head of the KLP from being reappointed for 15 the next few years in the justice system in positions requiring magistrate status. Balla was not present when the decision was announced.

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 minority of the KPK body estimated that Balla should either undergo the transitory reassessment process, or the provisions of Article "G" of the annex of the constitution, which determine the suspension of vetting with a 15-year sanction.

Commissioner Ballhysa appealed to the College, requesting the change of the decision of the KPK and the imposition of a 15-year sanction for the head of the KLP. The commissioner argued that Balla met the conditions for the subject of reassessment and that he himself had the declaration of assets, the one in function of the figure, as well as three legal documents from the former High Council of Justice for the control of professionalism.

Referring to the jurisprudence of the College, Ballhysa assessed that, not necessarily, the subjects of the revaluation, at the moment when the vetting procedure began, should carry the same functional duty for which the Constitution and the law qualified them as such subjects.

The commissioner did not find the reasoning of the KPK correct that Balla has lost the status of the subject of revaluation as a result of an act that decided the termination of his employment relationship. according to Ballhysa, the subject in 2018 had asked the KPK to stop the veingg and at the same time had contested in court his release from his duties as a legal assistant.

Also, the request for the recognition of the status as assistant non-magistrate at the Supreme Court, Balla has also addressed to the Supreme Judicial Council, which with the decision of December 2020 has suspended the review due to the lawsuit filed in the judicial jurisdiction .

These arguments of the Commissioner were also listed by the head of the panel of the College, Ina Rama, who stated, among other things, that the release order by the former president of the Supreme Court at that time was absolutely invalid and as such there was no bring no legal consequences, considering that it did not exist. As a result, it has been assessed that Balla has not lost his legal assistant status due to this order.

On the other hand, the College assesses that the subject has lost his status due to his actions and inactions, since he did not challenge this order in a legal way and showed the will to be elected as a member of another constitutional body. This behavior of the subject has been evaluated by the KPA as the main reason for the termination of his work relationship as a legal assistant in the Supreme Court. Also, it has been assessed that he fulfills the conditions to be considered as resignation from office, according to the provisions of Article G of the Annex to the Constitution, where it is determined that resignation from office is accompanied by the sanction that prohibits re-appointment to certain functions in the justice system for 15 years.

According to the KPA, the subject has terminated the employment relationship as a legal advisor in the Supreme Court due to his will, as well as requested not to undergo the re-evaluation process even though he himself thought that he enjoyed the status of legal advisor and removed waive these rights. Finally, the panel of the College, by a majority of votes, decided to change the decision of the KPK, also declaring the loss of Alfred Balla's right to be appointed a judge or prosecutor of any level, a member of the High Judicial Council or the Council of High Prosecutor, High Inspector of Justice or General Prosecutor, for a period of 15 years. /BIRN

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