Communicated on 22 September 2017
SECOND SECTION
Application no. 56288/12
Viktor PRIFTI
against Albania
lodged on 28 August 2012
SUBJECT MATTER OF THE CASE
The application concerns the dismissal of the applicant, a civil servant, by the General Director of Taxation on the basis of a High State Audit report which found that the applicant had breached the law and brought economic damage to the State Budget. The Civil Servants Commission reinstated the applicant, but the Supreme Court rejected the applicant’s claims and maintained the order of dismissal.
The application also concerns the divergent case-law of the Supreme Court in similar cases concerning civil servants and the legitimate expectation of the applicant in this regard. The applicant complains under Article 6 of the Convention that the Supreme Court’s decision was in breach of the principle of legal certainty, given that in a similar case the Supreme Court reached a different conclusion.
QUESTION tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of his civil rights and obligations in accordance with Article 6 § 1 of the Convention? Did the Supreme Court comply with the principle of legal certainty in its decision in respect of the applicant in view of its divergent case-law as regards the dismissal of the civil servants in similar circumstances (see, for example, Nejdet Şahin and Perihan Şahin v. Turkey [GC], no. 13279/05, 20 October 2011)?
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