The European Court of Human Rights (ECHR) has ruled against Koço Kokëdhima, who contested his removal from Albania’s Parliament, arguing it was a conflict of interest. Kokëdhima, as the sole shareholder of Abissnet SHA, was found in violation by the Albanian Constitutional Court due to the firm’s contracts with various public authorities while he held office. The ECHR deemed the decision neither arbitrary nor manifestly unreasonable, concluding there were no breaches of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Kokëdhima, elected in 2013, continued to earn from these contracts after assuming office, contravening Article 70(3) of the Albania Constitution, which bars MPs from engaging in profit-making activities linked to state property. Despite divesting his shares in 2014, income continued for six months post-transaction, reinforcing the conflict of interest claim. The ECHR assessed whether the ruling was overly broad and found it aligned with legal expectations, upholding the removal as both foreseen and justified.
Kokëdhima also alleged that media coverage of his removal under Article 8 of the convention damaged his reputation by implying misuse of office. However, the ECHR found no undue interference with his life, supporting the foreseeability of the outcome based on his actions. The judgment echoes the principle established in Yaboloko, affirming that even without an explicit reference to legality, electoral rights must meet basic accessibility and foreseeability standards. In Kokëdhima’s case, his removal was seen as a foreseeable repercussion rather than arbitrary or unjust.
For further details, the full article is available here.