By Albert Rakipi
On July 21, the decision day on justice reform, it is clear that almost 18 months of exhausting negotiations and efforts to reform the justice system in Albania, the outcome is as close and even closer to failure than to success. No matter what the coming hours reveal, as this newspaper goes to press, it is clear that the process and the events in its last days exposed an array of problems, failures and challenges that pose extreme stress over Albanian stability and democracy.
The justice reform and the package of constitutional changes that it necessitates are in fact an ultimate overhaul of the Albanian Republic in that they require a new constitution, a new agreement on state building and functionality. During this extremely important and sensitive process, Albanian political parties and their leaders showed once again – in outstanding arrogance – their sharp divisions, their primitive brawl for short term political interests. After so many months we are justified to say that their efforts were not to reform the justice system, not to change the constitution at the public interest, but to try and advance their calculations of power. The extremely polarized climate of distrust between the political elites which was exposed during these last events poses serious questions over the feasibility of a European future of this country.
Albanian political leaders used every opportunity that this reform posed to try and diminish, attack and damage their opponents, within and outside their ranks. From the very first draft which risked to place the justice system under the single control of one political group to the last draft agreed and approximated to the recommendations of the Venice Commission, in every step the political leaders were consistent in one thing: their efforts to establish the maximum control over the justice system and profit from the process any political capital they could get their hands on.
These long months of negotiations showed that even in this case when the justice system was remodeling in fact the Albanian republic from its foundations, the primary role was left to the international community. The lack of responsibility of internal actors and the need for the process to be spearheaded by the international community is embarrassing. In the last instance, it was revealed that during the negotiations between the experts and the meetings of the Ad- hoc commission for the reform the state administration did not take official notes and recordings. Only the two international experts properly documented this process. This fact is shameful.
The culture of total and desperate dependency from the international community was another reiterated lesson from the process of this reform. The degree and method of intervention of the latter will be better explored and analyzed at hindsight. For the moment it suffices to say that there is an alarming need to reconsider the lack of internal ownership of major processes and the eventual stepping in of outside factors at such unbelievable extent.
Since the start of the work on the justice reform, the approach that was imposed was that some are its allies and some are its enemies. In addition to the opposition, even the Speaker of the Parliament and Head of the SMI was portrayed to be in the ranks of the reform enemies by the self proclaimed supporters of the reform. in the lats months this dichotomy between enemies and supporters of the reform was reshaped and presented in the form of a new equation, equally untrue and ridiculous: that the SP and the PM Rama were on the flank of the West, by the USA and the EU while on the opposite side the opposition and the Speaker were against the West.
Finally, although formally the ruling majority still holds power, the legitimacy of the coalition has fallen. It is quite clear now for every one that this governing coalition is no longer functional. The stability of the country is in question.
What does this process and these reflections tell us about the upcoming days?
Even if the reform passes, and most likely it will, the political class in Albania has failed to show any responsibility, restraint, prudence ,vision and democratic leadership. The deep distrust climate between the political leaders and eventual polarization in the lower wider ranks will make the implementation of this reform extremely hard and will generate many obstacles in the future. This adverse terrain will be the real difficulty for such a fragile and vulnerable reform to yield the expected results. The actors interested in its failure will make sure to use every fissure in the will to put in practice.
