Published on 30 March 2026
THIRD SECTION
Application no. 1648/23
Dritan BANUSHI
against Albania
lodged on 27 December 2022
communicated on 13 March 2026
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s vetting process by the Independent Qualification Commission (IQC) and the Special Appeal Chamber (SAC) (see Xhoxhaj v. Albania, no. 15227/19, 9 February 2021, and Sevdari v. Albania, no. 40662/19, 13 December 2022).
Having started his judicial career in 1993, at the relevant time the applicant was a judge and the president of the Gjirokastra Court of Appeal.
On 28 January 2020 he was confirmed in office by the IQC, however, on 8 June 2022 the SAC reversed that decision and dismissed him. It found negative balances (shortfalls) between the applicant’s income and assets/expenses in the total amount of 3,466,288 Albanian Lek (approximately 25,500 euros) over a period of eight years (2007-09, 2013, 2014, 2015-17).
The applicant invokes Article 8 of the Convention.
QUESTIONS TO THE PARTIES
Has there been a violation of Article 8 of the Convention on account of the applicant’s dismissal from judicial office (see Xhoxhaj v. Albania, no. 15227/19, §§ 359‑413, 9 February 2021, and Sevdari v. Albania, no. 40662/19, §§ 83‑97, 13 December 2022)?
Was the applicant’s dismissal “necessary in a democratic society” and proportionate as required by Article 8 § 2 of the Convention, on account of the amounts and nature of the shortfalls identified by the SAC? Were the reasons adduced by the SAC’s relevant and sufficient (see Xhoxhaj, cited above, § 402, and Thanza v. Albania, no. 41047/19, §§ 151‑58, 4 July 2023)?
In particular, what percentage of the applicant’s combined family income for each relevant year did the identified negative balances constitute? Was the SAC’s assessment of the applicant’s family income, savings and expenses for the years in question sufficiently justified?