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Kalaja: We ask the court to investigate judge Marsida Xhaferllari

Kalaja: We ask the court to investigate judge Marsida Xhaferllari

The Head of Appeals in the Democratic Party, Adriana Kalaja, appeared this Friday at the Constitutional Court, where she filed a complaint against Judge Marsida Xhaferllari.

According to Kala, the judge has violated the Constitution and, for this reason, has filed a request with the court, requesting an investigation of Marsida Xhaferllari.

Kalaja: A denunciation of Judge Marsida Xhaferllari, up to her dismissal due to violation of the Constitution and the organic law of the Constitutional Court.

 Since January 13, as you are aware of, to this day we have not received any information about what the president of this court has done, who also has the authority to initiate a disciplinary investigation against a judge who is found to have committed various violations in the exercise of his duties.

On the other hand, on January 14, we again filed a request with additional evidence, which we asked the Constitutional Court to use not only for the disciplinary investigation against this judge, but also to use in the case with the petitioner Mr. Sali Berisha, who had requested the exclusion of Judge Xhaferllari in the process currently underway at the Constitutional Court.

The second request we have today concerns information about whether Judge Marsida Xhaferllari participated in a process where a party, either the applicant or the interested party, was the Special Prosecution Office or SPAK, and to our knowledge this process is related to the applicant Pëllumb Gjoka.

 As we have stated in our subsequent requests, the first, additional and second complaint, that for us the decision-making of a member of the Constitutional Court is not legal. The primary rule according to the law, whether organic or constitutional, but above all the law on conflict of interest, is that a judge cannot participate in a process where she is in conflict of interest with the applicant.

Her partner has a conflict of interest with the people in question. I find it very important to present to the public that we are interested in this conflict of interest.

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