The High Judicial Council partially accepted the request of the High Inspector of Justice for disciplinary proceedings against magistrate Arta Llazari, judge at the Court of First Instance of General Jurisdiction in Shkodra, by determining the measure "Suspension from duty for 6 months".
The High Inspector of Justice had proposed to the High Judicial Council the disciplinary measure "Dismissal from duty" for magistrate A. Ll., for actions/inactions that constitute failure to properly perform the duty, in violation of the civil and criminal procedural deadlines for the reasoning of the judicial decision, as well as failure to initiate civil cases, exceeding the deadlines beyond all logic, and continuously. The ILD's disciplinary investigation against the magistrate has been initiated based on 11 complaints filed with allegations of failure to properly perform the duty, and violation of civil and criminal procedural deadlines. During this investigation, the ILD inspectors have also identified other facts, which have been added to the initiated investigation.
In many cases, from the registration of cases and their assignment to the judge, non-performance of actions for a period of over 3 years has been evidenced. About 64% of civil cases of the foundation for 2021 and 90% for 2022 and 2023 are in excess of the legal deadline for reasoning/submission (decisions of the type mainly confirmation of legal fact for recognition of the truthfulness of marriage dissolution, recognition of ownership or division of property.) Decisions not submitted in 2023 are 43% of decisions beyond the legal deadline
The investigation report highlights that respecting trial and reasoning deadlines is of fundamental importance for guaranteeing the right to due process and, in particular, to a reasonable deadline. Such delays undermine the right of subjects to a due process of law, violating their right to a reasoned decision and to appeal, significantly damaging the image of justice and public trust in it.
The judge's actions were at least careless in the form of negligence, repeated and continuous, and in some cases caused damage to investigative procedures. The judge has significantly damaged the image of justice and the public's trust in it, even though she has 24 years of experience, an indicator of very good knowledge of exercising her duty with discipline.
From the investigation based on the voluminous materials administered and reviewed, the High Inspector of Justice came to the conclusion that the actions/inactions undertaken by the judge constitute a "Very serious disciplinary violation", provided for by article 102, point 1, letters "d" and "dh" of the law "On status" and proposed to the High Judicial Council the imposition of the disciplinary measure "Dismissal from office" for judge A. Ll., a request that was partially accepted by the High Judicial Council, which imposed another measure for the judge, that of suspension from office for 6 months. (A2 Televizion)
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