Constitutional Conflict Erupts Over Special Appeal College Demands for Automatic Judicial Appointments in Albania

Attorney Florian Bonjaku analyzes the controversial demands of KPA members for automatic judicial appointments, highlighting constitutional and moral conflicts.

By: AXL Media

Published: Apr 3, 2026, 1:15 PM EDT

Source: Information for this report was sourced from BoldNews.al

The Paradox of Institutional Solemnity

The recent correspondence from the Special Appeal College (KPA) to the High Judicial Council (HJC) utilizes a sophisticated array of constitutional citations and international jurisprudence to claim an inherent right to appellate appointments. However, the very act of mobilizing diplomatic pressure and issuing formal requests suggests that this "right" is far from self-evident. In the realm of public law, a clear legal mandate is typically applied directly rather than negotiated through institutional lobbying, raising immediate questions about the validity of the KPA’s claims as their mandates approach their conclusion.

A Pivot from Reflection to Self-Interest

Rather than utilizing the final months of their tenure to provide an accounting of their often-controversial rulings, KPA members appear focused exclusively on securing their professional futures. For years, the College has been criticized for maintaining inconsistent standards, where minor asset discrepancies could end one magistrate's career while similar issues were overlooked for others. The choice to prioritize post-mandate guarantees over addressing perceptions of selective justice suggests a departure from the "cold court" ideal toward a more politicized role that now seeks a guaranteed landing spot within the judicial hierarchy.

The Erosion of Equal Standards

The irony of the current situation is striking, as the KPA previously lectured the judiciary that the reform process recognized no personal history, sacrifices, or expectations of privilege. Now that the members themselves face the end of their terms, they are seeking the exact special treatment they denied to hundreds of prosecutors and judges. Their 2022 request for a "guarantee" of results effectively eliminates the concepts of merit, vacancy, and competition, signaling a shift from a legal argument to a moral and political demand for absolute career security.