ECtHR: Dismissal of Supreme Court Judge in Albania manifestly unfair
Saccucci & Partners – with a team composed of Avv. Giulia Borgna and Avv. Prof. Andrea Saccucci – has successfully represented a former Albanian Supreme Court Judge before the European Court of Human Rights, which on 25 November 2025 delivered its judgment in Selimi v. Albania, finding that his dismissal following the “vetting” process violated Article 6 § 1 ECHR (right to a fair trial).
The case concerned the integrity/background component of the Albanian vetting mechanism. Judge Selimi was dismissed on the basis of classified intelligence reports alleging inappropriate contacts with organised crime. However, the decisive material was never disclosed to him: key passages were blacked out, access to underlying documents was denied, and no alternative safeguards (such as partial declassification, summaries, or a security-cleared lawyer) were provided.
The Court held that these restrictions deprived the applicant of any real opportunity to know and challenge the essence of the accusations, thereby undermining “the very substance” of his defence rights. It concluded that the vetting proceedings leading to his dismissal were not compatible with the guarantees of a fair hearing under Article 6 § 1 ECHR.
This is the first judgment in which the European Court has expressly found a dismissal within the Albanian vetting framework to be unlawful on grounds of Article 6 ECHR, because of the unfairness of the procedure leading to the removal of a judge. The ruling therefore has significance beyond the individual case, setting clear limits on the use of secret intelligence in disciplinary or integrity proceedings against members of the judiciary.
The Court awarded just satisfaction in respect of legal costs and left to the Albanian authorities, under the supervision of the Committee of Ministers, the choice of measures to execute the judgment, including any possible reopening or review of the vetting decision.
For more information about the case and its systemic implications, please contact Saccucci & Partners at studio@saccuccipartners.com.
