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The Administrative College of the Supreme Court has announced today that it has partially accepted the claim of the National Association of Judges of the Republic of Albania, submitted in July 2019, against the cancellation of diplomatic passports.
The court has announced today that the decision has been changed by partially accepting the claim after finding that the judge’s status was violated through the removal of the service passport with the decision of the Council of Ministers no. 389, dated 12.06.2019, “On the criteria for the issuance of diplomatic and service passports”, as an acquired right that cannot be reduced and that contradicts Article 22 of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”.
The court has established the illegality, due to the omission of the legal norm, of attachment 2 of the decision of the Council of Ministers no. 389, dated 12.06.2019, “On the criteria for issuing diplomatic and service passports”, in the part that does not provide for judges as official subjects who have the right to be provided with a service passport. 2. Dismissal of the request for point 3 (three) of the object of the lawsuit. This decision is published in full in the Official Gazette, pursuant to Article 43, point 2 of Law no. 49/2012.
The National Association of Judges of the Republic of Albania submitted on 11.07.2019, to the Administrative Court of Appeal, a lawsuit against the cancellation of diplomatic passports.
In the lawsuit, the Association requested the annulment of the decision of the Council of Ministers. According to the judges, the service passport cannot be removed because it is guaranteed by the Constitution for judges.
Notification:
“Today, on 11.07.2019, we submitted to the Administrative Court of Appeal the lawsuit against the Council of Ministers, with the object of repealing Decision no. 389/2019, for the part that cancels the service passports of first instance and appeal judges and for the part that removes their right to be provided with service passports. We would like to draw attention to a part of Decision no. 40/2014 of the Constitutional Court on the interpretation of Article 138 of the Constitution: “The inviolability of the salary and other benefits have been established at the constitutional level, in order that the rights/benefits, which originate from the exercise of the function of the judge, are not changed with a negative effect. The wording of the phrase “other benefits” is of a general nature and does not exhaustively specify the circle of judges’ benefits. “Kushretutbërësi, not without purpose, has left open the meaning that should be given to the circle of benefits, as it intended to include in the totality of the rights that judges enjoy in the exercise of their duties”.
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