CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 janvier 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s5C5E66B9 { font-family:Arial; font-size:8pt; font-style:italic; vertical-align:super } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } Published on 3 February 2025   THIRD SECTION Application no. 50295/20 Izet KADANA against Albania lodged on 9 November 2020 communicated on 14 January 2025 SUBJECT MATTER OF THE CASE The application concerns the applicant’s dismissal from office following the outcome of the vetting proceedings carried out by the Independent Qualification Commission (IQC) and the Special Appeal Chamber (SAC) (see Xhoxhaj v. Albania , no. 15227/19, 9 February 2021; Besnik Cani v.   Albania , no. 37474/20, 4 October 2022; Sevdari v. Albania , no. 40662/19, 13 December 2022; Nikëhasani v. Albania , no. 58997/18, 13 December 2022; and Thanza v. Albania , no. 41047/19, 4 July 2023). The applicant had been a judge at the Pukë District Court since 1994, and since 2016 its President. On 20 December 2018 the IQC dismissed the applicant from office. On 4 March 2020 the SAC allowed a number of points raised by the applicant in his grounds of appeal, but found, with reference to Article D, point 3 of the Annex to the Constitution and Article 61, point 3 of Law   no.   84/2016 that the applicant had not reached a reliable level in the assessments of assets and that with his behaviour and actions he had violated public trust in the justice system, in the sense of Article 61, point 5 of Law no. 84/2016 and dismissed him from office. The SAC decision of 4 March 2020 was served on the applicant on 24 July 2020. The applicant complains under Article 6 of the Convention that the Special Appeal Chamber that dismissed him from his former office was not “a tribunal established by law”, given that judge L.D. had been appointed to that position in violation of a statutory eligibility criterion. QUESTION TO THE PARTIES Was the Special Appeal Chamber (“SAC”) in the applicant’s case a “tribunal established by law” within the meaning of Article 6 § 1 ( see Guðmundur Andri Ástráðsson v.   Iceland [GC], no. 26374/18, §§ 218-90, 1   December 2020, and Besnik Cani v. Albania , no. 37474/20, §§ 83-116, 4   October 2022) in view of the appointment of judge L.D. to the SAC?