The High Judicial Council ended the disciplinary proceeding against magistrate M.K., judge at the Court of First Instance of General Jurisdiction Durrës, based on the request of the High Inspector of Justice, who after becoming acquainted with the file of the disciplinary proceedings initiated in 2012, found that the alleged violations occurred in 2009, and in 2012 the claims were time-barred.
The High Inspector of Justice administered the file of the disciplinary proceedings against M.K., judge at the Court of First Instance of General Jurisdiction Durrës, forwarded to the HIJ for competence, by the High Judicial Council on 30.06.2023, as a process initiated by the General Directorate of Justice Affairs, based on the Order of the Minister of Justice dated 17.07.2012, on the basis of the complaint of a banking entity.
From the documentary analysis of the file with a view to identifying legal elements as well as facts or circumstances, it resulted that the Minister of Justice, after conducting the investigative process, requested the initiation of the disciplinary proceedings and proposed to the High Council of Justice to impose the disciplinary measure “Dismissal from service”. Having submitted the request for the initiation of the disciplinary proceedings at the former HCJ, the Minister of Justice requested the suspension of requests for disciplinary proceedings against magistrate M.K. The High Council of Justice with decisions date 14.02.2013 and 19.07.2013, pursuant to Article 23 of Law no. 8485, dated 12.5.1999 “Code of Administrative Procedures”, decided to suspend the request of the Minister of Justice for disciplinary proceedings against the judge.
After the HIJ request for reviewing the disciplinary suspension by the former HCJ as a legal situation which prevents the parties from continuing the disciplinary proceedings, on 30.11.2023, the HJC decided to annul the decisions of the former HCJ “On suspending the disciplinary proceedings until the judicial review by higher courts is completed” and continuing the review process of the request for disciplinary proceedings against magistrate M.K. as well as sending the acts to the High Inspector of Justice.
From the documentary practice related to the request for disciplinary proceedings by the Minister of Justice regarding magistrate M.K., it turns out that the alleged violations occurred in 2009 and in 2012 the claims were time-barred. The statute of limitations does not allow the disciplinary body to investigate and make decisions on the disciplinary measures against the magistrate due to the long period of time that has passed since the disciplinary violation was committed. In the High Inspector of Justice perspective, respecting the deadline for conducting disciplinary proceedings ensures the principle of legal certainty, therefore the HIJ requested in today’s hearing that the HJC ends the disciplinary proceedings initiated against magistrate M.K., due to the fact that the statute of limitations of these disciplinary violations for which this proceeding was initiated, had expired; a request that was accepted by the members of the HJC.