Published on 20 April 2026
THIRD SECTION
Application no. 19435/23
Eda KAJA
against Albania
lodged on 10 May 2023
communicated on 30 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 her judicial career in 1992, at the relevant time the applicant was a judge at the Durrës District Court.
On 16 November 2021 she was dismissed from office by the IQC. On 31 October 2022 the SAC upheld her dismissal.
It found inter alia negative balances (shortfalls) between the applicant’s income and assets/expenses in the total amount of 3,819,256 Albanian Lek (approximately 31,600 euros) over a period of three years (2004-05 and 2008). One of the SAC judges dissented.
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)? In particular, were the SAC findings foreseeable and proportionate as regards the exclusion from the calculation of “lawful income” of:
(a) the 2004 gift to the applicant by her relatives on account of the donors’ underpayment of taxes on that income?
(b) the applicant’s claimed savings of 1,000,000 Albanian Lek, which were not declared in her 2003 asset declaration and were allegedly declared during a 2010 audit? Has the applicant’s ability to accumulate such savings by 2003 been sufficiently examined?
Were the other alleged failures or financial shortages identified by SAC sufficient, on their own, to justify the applicant’s dismissal?