Judgment concerning Albania

Human Rights building interior (detail)
10/03/26

In the case of Manjani v. Albania, Court held that there had been a violation of the right to respect for private and family life.

The case concerned a refusal to admit the applicant to the School of Magistrates for training as a prosecutor on account of a conviction he had received when he was a minor, for which he had been legally rehabilitated. His appeals against that decision were unsuccessful, the national courts finding that the legislation prohibited those convicted by a final decision from becoming a prosecutor.

The Court emphasised that the refusal to admit the applicant to the School of Magistrates had not been related to any lack of the required professional qualifications. The Court held that, in limiting themselves to the question of whether to interpret the national law in a way which would disqualify those rehabilitated after a criminal conviction for a serious offence, the national authorities had failed to undertake a thorough and individualised analysis of the circumstances relevant to the ban on the applicant’s admission to the School of Magistrates and, consequently, to a career as a magistrate.

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