Today, on 15.03.2022, at 10:00, the Appeal Chamber held the public plenary session of case (JD) no. 3/2021, dated 30.04.2021, pertaining to the appeal of the appellant Bujar Memia against decision no. 81, dated 31.03. 2021 of the High Prosecutorial Council “On imposing a disciplinary measure against prosecutor Bujar Memia”, with interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC).

The appellant submitted with the Chamber two preliminary requests:

  • finding the absolute partial invalidity of decision no. 3, dated 09.11.2021 of the Preliminary Review Panel for the notification of the trial in a public plenary session, related to the composition of the trial panel, of the Disciplinary Jurisdiction case no. 3/2021, at the Appeal Chamber.
  • suspension of the trial until the exercise of the constitutional review before the Constitutional Court of the phrase “for the organization and functioning of the Constitutional Court”, provided for in Article 5, paragraph 3 of Law 84/2016 and Article 6, paragraph 4 and Article 104 of Law 115/2016 “On the governing bodies of the justice system”.

Once the interested parties argued their position on the rejection of the requests of the appellant, the trial panel, after being consulted, decided: the rejection of the first request, under Articles 133, 148/d, para 3 and 179/7 of the Constitution of the Republic of Albania, Article 5, para 3 (b) of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 71, para 3, of Law 8577/2000 “On the organization and functioning of the Constitutional Court of Republic of Albania”, as amended.

As regards the second request, the Chamber considered that it is not found in terms of Article 145, paragraph 2, of the Constitution of the Republic of Albania and in none of the cases provided for in Article 297 of the Civil Procedure Code, therefore, it decided to reject it as well.

After the main trial of the case was opened and the Judge Rapporteur summarized the appeal of Mr. Bujar Memia, his legal representative presented in detail the objections to the decision no. 81, dated 31.03. 2021 “On imposing a disciplinary measure against prosecutor Bujar Memia”, related to the procedural features, as well as concerning the merits of the cases upon which this decision was founded.

Due to the duration of the hearing, the trial panel decided to adjourn it, to be continued on 07.04.2022, at 09:00, with the submissions of the appellant Bujar Memia and of the interested parties at this trial.

The public plenary session will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.