Published on 29 January 2024
THIRD SECTION
Application no. 18559/20
Xhezair ZAGANJORI
against Albania
lodged on 28 April 2020
communicated on 11 January 2024
SUBJECT MATTER OF THE CASE
The case concerns the transitional vetting process by the Independent Qualification Commission (IQC) and the Special Appeal Chamber (SAC) (see Xhoxhaj v. Albania, no. 15227/19, 9 February 2021; Besnik Cani v. Albania, no. 37474/20, 4 October 2022; Sevdari v. Albania, no. 40662/19, 13 December 2022; Nikëhasani v. Albania, no. 58997/18, 13 December 2022; and Thanza v. Albania, no. 41047/19, 4 July 2023). After serving as a Constitutional Court judge since 2003, in 2013 the applicant was appointed to the Supreme Court and served as its President. By decision of 24 July 2018 the IQC confirmed him in office. On 26 July 2019 the SAC reversed that decision and dismissed him from office (separate opinion by Judge Sh.).
QUESTIONS TO THE PARTIES
Was the applicant’s dismissal from office “necessary in a democratic society” as required by Article 8 § 2 of the Convention? In particular, did the vetting bodies adduce relevant and sufficient reasons (see, for applicable principles, Xhoxhaj v. Albania, no. 15227/19, §§ 359-413, 9 February 2021, and Thanza v. Albania, no. 41047/19, §§ 150-58, 4 July 2023)?
The parties are asked to clarify whether the property acquired prior to 2003 served for acquiring further assets evaluated in the vetting process.