TIRANA, Nov. 21 – International representatives serving in an advisory role to justice reform bodies have recommended that a short-term General Prosecutor be chosen by parliament through a simple majority vote once the mandate of current General Prosecutor Adriatik Llalla officially ends in early December 2017.
The proposal was sent to the Parliamentary Legal Affairs Committee by the EURALIUS and OPDAT missions, and the temporary chief prosecutor would serve until the establishment of the High Prosecutorial Council, a justice reform-related body.
The two advisory missions argued that the chief prosecutor’s term cannot be prolonged and that a temporary prosecutor should be selected through a simple parliamentary majority.
However, the recommendation has been met with political opposition.
The head of the main opposition Democratic Party, Lulzim Basha, has said that solution would mean the Prime Minister Edi Rama could choose the next Prosecutor General and take control of the vital independent institution.
Adriatik Llalla – whose current mandate as General Prosecutor ends soon – could have had his term extended to fill the void created by the changes in the context of the judiciary reform, which has not been yet fully implemented.
According to these changes, the Prosecutor General should be proposed by the High Prosecutorial Council – an additional institution which for the moment is subject to the vetting process of judges and prosecutors.
The high political tension and open investigation toward the former minister of interior, Saimir Tahiri, have added a new dimension to this debate and the question of extending Llalla’s office mandate.
“Edi Rama cannot name the next Prosecutor General. He was the one to undertake this attack towards prosecutors simply because they requested the investigation and arrest of Saimir Tahiri and he cannot name the Prosecutor General, and neither can the Socialist Party’s deputies who protected him by allowing immunity – they cannot name the Prosecutor General,” Basha said, adding the opposition will use every method to prevent the majority from naming the temporary replacement for Llalla.
The Parliamentary Law Commission addressed a letter to the American and European advisory missions for an opinion on what to do in the case. These experts had formerly assisted with the judiciary reform process.
According to their advice, the Parliament has no constitutional and legal authority to extend Llalla’s mandate; on the contrary, there exists a clear directive that requires the placement of a temporary Prosecutor in Llalla’s place.
“Secondly, this provision makes clear that in the transitory period there shall not be a Prosecutor General, but only a transitory candidate who is assigned the functions of a Prosecutor General,” the experts’ official recommendation read.
Lastly, the experts added that their legal framework does not mean to create a quorum, only to provide a temporary solution, through decision of the Assembly.
