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BALA v. ALBANIA

Doc ref: 21141/20 • ECHR ID: 001-211380

Document date: July 2, 2021

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  • Outbound citations: 2

BALA v. ALBANIA

Doc ref: 21141/20 • ECHR ID: 001-211380

Document date: July 2, 2021

Cited paragraphs only

Published on 1 9 July 2021

THIRD SECTION

Application no. 21141/20 Valbona BALA against Albania lodged on 22 May 2020 c ommunicated on 2 July 2021

SUBJECT MATTER OF THE CASE

The application concerns the discontinuation of the vetting proceedings ( ndërprerjen e procesit të rivlerësimit ) in relation to the applicant, following her resignation from the position of a legal advisor at the Constitutional Court and in spite of her request to be vetted, and the imposition of a ban on re-appointment in any posts in the justice system for a period of fifteen years, in accordance with Article G of the Annex to the Constitution.

The applicant complains that there has been a breach of Article 8 of the Convention on account of the outcome of the vetting proceedings and the ban imposed on her.

QUESTIONS TO THE PARTIES

1. Does Article 8 of the Convention apply to the discontinuation of the vetting proceedings (see Denisov v. Ukraine [GC] , no. 76639/11, §§ 95-134, 25 September 2018)? If so, has there been an interference with the applicant ’ s right to respect for her private life as a result of the discontinuation of the vetting proceedings and the imposition of a fifteen ‑ year ban on being re-appointed to any posts in the justice system?

2. If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (see Xhoxhaj v. Albania , no. 15227/19, §§ 358-414, 9 February 2021)?

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