PARTLY DISSENTING OPINION OF JUDGE SERGHIDES

1. I agree with point 1 of the operative provisions of the judgment holding that the complaint under Article 8 of the Convention concerning the applicant’s dismissal from office as a prosecutor is admissible, and I also agree with point 3 of the operative provisions to the effect that there has been a violation of Article 8 of the Convention in respect of the applicant’s dismissal. In addition, I agree with point 4 of the operative provisions regarding the awards in respect of pecuniary and non-pecuniary damage and costs and expenses, and with point 5 of the operative provisions regarding the dismissal of the remainder of the applicant’s claim for just satisfaction.

2. I disagree, however, with point 2 of the operative provisions of the judgment to the effect that the remainder of the application is inadmissible. In particular, I am of the view that the complaint under Article 6 of the Convention is not only admissible, but that there has also been a violation of this Article in that the vetting proceedings resulting in the applicant’s removal from her post as prosecutor were not fair within the meaning of Article 6 § 1.

3. This opinion takes the form of a statement of disagreement with the judgment (a “bare statement of dissent”), as regards point 2 of its operative provisions (concerning the complaint under Article 6 of the Convention), and therefore does not take the form of a fully-fledged separate opinion or the form of a simple anonymous vote against these points. A mere statement of disagreement with the judgment or part of it is an alternative choice provided by Rule 74 § 2 of the Rules of Court for judges who wish to dissent. This choice is particularly suitable for me to follow in the present case, given that I already expressed my views in two rather similar or relevant applications against Albania (see, mutatis mutandis , my approach in my dissenting opinion in Xhoxhaj v. Albania , no. 15227/19, 9 February 2021, and my partly concurring and partly dissenting opinion in Besnik Cani v. Albania, no. 37474/20, 4 October 2022 (not yet final)).