Prove Your Integrity or Resign - Why the ECtHR Upheld a 15-Year Ban for a Judicial Advisor

Abstract

In May 2024, in the case of Bala, the ECtHR issued another decision concerning the vetting of the judiciary in Albania. This time, the Court decided that the state’s ban on a judicial advisor, who resigned instead of undergoing the integrity vetting process, from entering high public offices for fifteen years does not violate the ECHR. While the ECHR does not explicitly articulate the right to free choice of occupation or the right to equal access to public offices, this article demonstrates that even under these two rights, the limitation in question is likely proportionate. However, legislators would be wise to consider less intrusive options as well.

Keywords

• Albania
• Bala
• ECHR
• ECtHR
• Integrity
• Vetting