The Democratic parliamentary group, through a letter sent to the High Judicial Council and the High Inspector of Justice, requests that the judge of the Special Court Irena Gjoka, who has been convicted in the Greek state, no longer continue in her duties.
In the letter sent to the media, it is stated that such a fact was hidden by the judge in the self-declaration forms, and that the Supreme Court and the ILD should implement the Constitution and the Law, by determining the termination of her status as a magistrate and her removal from office.
The letter signed by the Chairman of the DP Parliamentary Group, Gazment Bardhi, states that "through this confirmation of the responsible authorities, it results that Judge Irena Gjoka is in a state of incompatibility with the constitutional function of a judge, within the meaning of Article 6/1 of the Constitution, Law No. 95/2016 and Law No. 96/2016, and has falsified acts, committing another crime, repeatedly, due to the failure to declare the deportation order and the court decision of the criminal sentence. This fact has created a state of illegality and unconstitutionality in the judicial system."
Opposition MPs in the Albanian Parliament express deep concern about the lack of timely action by the Supreme Court of Justice and the Supreme Court of Justice, which is bringing serious and irreparable consequences to the judicial system.
"Based on the above-mentioned constitutional and legal provisions, as well as on the confirmation officially made by the Prosecutor General, on the fact that the special judge Ms. Irena Gjoka is found to have been convicted by a final court decision for committing a criminal offense, a fact which she has kept hidden and has not declared in several official documents, as she was obliged to, establishes her not only before the commission of the criminal offense provided for in Article 190 of the Criminal Code, but above all in the constitutional and legal inability to exercise the constitutional function of a judge of the Republic.
Namely, it is in the constitutional and legal conditions where the Council must declare by decision the termination of the magistrate's status or when the High Inspector of Justice must request dismissal from duty for "behavior that seriously discredits the figure of the judge."
This finding should have occurred no later than 2 weeks from the receipt of the notification of the cause of ineligibility/incompatibility, but so far the High Judicial Council and the High Inspector of Justice have not acted, even though the Prosecutor General has for months publicly and in hearings in the Albanian Parliament informed that the fact of the conviction had been confirmed by the relevant Greek authorities. "- states the letter signed by Gazment Bardhi.
In conclusion, the opposition emphasizes that: "For this reason, respecting the principle of independence of constitutional institutions of justice and avoiding any interference in your work, we, the opposition deputies in the Assembly, in accordance with the principle of separation and balance of powers, the principle of the rule of law, constitutional control over the implementation of the law, as well as our responsibility as deputies to protect the interest of the Albanian state, constitutionality and legality in the judicial system, we request from the High Judicial Council and the High Inspector of Justice to act in a timely manner, immediately, to implement the constitutional and legal obligation of ascertaining the termination of the magistrate status for the special judge Ms. Irena Gjoka.
Furthermore, after the administrative termination of the Prosecutor General and the notification of the results to the High Judicial Council, the latter, according to Article 66 of Law No. 96/2026, must declare by decision the termination of the magistrate's status, no later than 2 weeks from the receipt of the notification of the cause of ineligibility and incompatibility.
"In light of the above, any delay on your part causes serious consequences for the public interest, for the justice system itself, citizens' trust in independent justice institutions, and for the financial interests of the Albanian state."
The letter fully cites the constitutional provisions and the provisions of 3 laws approved by a qualified majority, which prohibit a judge convicted by a final decision from exercising the function of a judge.
