MANJANI v. ALBANIA

2024-11-08T00:00:00
Published on 25 November 2024   THIRD SECTION Application no. 32283/23 Shiqiri MANJANI against Albania lodged on 21 August 2023 communicated on 8 November 2024 SUBJECT MATTER OF THE CASE The application concerns a decision not to admit the applicant to the School of Magistrates as prosecutor on the grounds of his conviction for theft which he had committed as a minor and for which he had been rehabilitated. A final decision was taken by the Constitutional Court on 23 March 2023. QUESTIONS TO THE PARTIES 1.  Is Article 8 applicable in the present case, given that it concerns a life-long ban on the applicant’s access to certain civil service positions (see Naidin v. Romania, no. 38162/07, §§ 30-35, 21 October 2014), and in view of the criteria established in the Court’s case-law in relation to the activities of a professional nature (see Denisov v. Ukraine ([GC], no. 76639/11, §§ 115-117, 25 September 2018)?   2. Has there been an interference with the applicant’s right to respect for his private life, within the meaning of Article 8 § 1 of the Convention?   3. If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2? In particular, was the permanent ban on the applicant’s access to a magistrate career on the grounds of his prior criminal conviction as a minor, for which he had been rehabilitated, compatible with the needs of rehabilitation of minors or generally (see mutatis mutandis Minicozzi v. Italy, no. 7774/02, § 19, 24 May 2006; and N.F. and Others v. Russia, nos. 3537/15 and 8 others, §§ 47 and 54, 12 September 2023)?