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Being clear in the principles that derive from the European international acts, home constitution

and legislation, we as UIJA doubtlessly say that:

The vetting process of high officials in other non-judicial powers is a constitutional obligation
and a national emergency.

The vetting process in the high officials of the Executive and the Legislative is a constitutional
emergency.

Currently, in Albania, is taking place the vetting process regarding the judicial power, the judges
and the prosecutors are being discriminated as this is obviously in violation of the Constitution of
Albania and the guarantees that it offers, it is in violation of the European Convent of the Human
Rights and the International Acts against the Discrimination, if it is not applied in the same equal
legal conditions as it is applied for other officials/ the judge and prosecutor individuals are going
under a human and a professional discrimination, in the meantime the judicial power is being
discriminated in comparison to other powers. The right of not being discriminated is a
guaranteed right. In other words, the article no.18 of the Albanian Constitution provides:

1. We are all equal before the law.


2. No one can be unjustly discriminated for such reasons as : the economic, the property, the
educational and the professional state.

The ECHA (European Convention of Human Rights) in the article no 14 in the International
Acts as UDHR (Universal Declaration of Human Rights) in the article no.7 and the Convent on
the work and professional non discrimination guarantee the right of not being discriminated on
the human and professional bases.

In the Republic of Albania it is still legal the law no. 10221 on 04.02.2010 “For the Protection
from the Discrimination”. According to this law and its interpretation the judges and the
prosecutors are undergoing a direct discrimination and that everyone that is discriminated has the
legal protection, furthermore, according to this law any legitimate organization can address to the
Competent Court for the immediate halt of the discrimination. According to this law, any
legitimate organization regarding the human rights can address to the Competent Court and ask
for the suspension of the law no. 84/2016 “For the transitional evaluation of the judges and the
prosecutors of the Republic of Albania” until the approval of a similar law for the executive and
the legislative officials, excluding the evaluation on the professional bases, because the right to
be chosen and to be appointed is offered to the citizens in the age of 18 and for other reasons,
excluding the professional element but not the element of the moral and property.

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