The Socialist-led government’s draft law has been approved by the parliament’s law commission, despite opposition by the High Council of Justice and the main opposition Democratic Party, which boycotted the vote.
TIRANA, July 24 – The parliamentary law commission passed a draft law this week that reforms the High Council of Justice, but it the draft did not pass parliament Thursday due to a lack of quorum, with several members of parliament from the ruling coalition absent and with an official boycott from the main opposition Democratic Party.
It is the first time the government, which enjoys a solid majority in parliament, has been unable to form quorum for a priority draft law.
The High Council of Justice, or KLD as it is known by its Albanian acronym, is the highest institution governing the judiciary in Albania, and the government says reforming it is the first step to fight graft among judges and restore public trust in the system.
The government wants to make it easier to prosecute judges accused of corruption and have a greater say in the work of KLD, a constitutionally independent institution.
The new draft law was changed at the last minute to take under consideration some suggestions made by the OSCE and the Union of Judges.
The draft law, however, is strongly opposed by the KLD itself and the political opposition, which say the executive branch of the government is trying to exert too much power on the judiciary.
The legislative changes were proposed after the government expressed anger at a decision of the High Council of Justice to stop disciplinary procedures against several judges accused of corruption and hiding wealth.
Pandeli Majko, a Socialist MP and former prime minister, urged the opposition to participate in the process and take any challenges to the law to the Constitutional Court.
“Today, we ask anyone in the general public, the citizens who have been fed up with the way some, but I want to emphasise, not all, judges dispense justice … I believe that we can have the support of all those who want to understand that these changes are made for a functioning judicial system,” Majko said in parliament Thursday.
The 10-month old Socialist-led government of Prime Minister Edi Rama has made it clear it will focus on the justice system this fall with more actions to fight corruption among some 800 judges and prosecutors. But the legislative changes are a political minefield as current KLD members were largely appointed by the previous Democratic Party-led government, including it head – President Bujar Nishani.
The vote took place without the presence of the main opposition Democratic Party of Tirana Mayor Lulzim Basha, which has been boycotting the parliament for the last two weeks after a physical quarrel of one of its lawmakers with two of the governing Socialists.
“We have said and I repeat, that we have been and are for strengthening and intensifying the fight against corruption in the justice system,” Basha said in a press conference. “But the fact is that fighting corruption should not be used to take control of the system politically.”
Fatmir Xhafaj, an MP of the Socialist’ parliamentary grouping that leads the law commission, said the Socialists did not see this as a reform but rather an emergency intervention to avoid the “collapse of the KLD.”
He added KLD had turned into “a bunker institution,” not being transparent at all with the holding of the meetings behind closed doors and also taking some “very doubtful decisions” in nominating judges and prosecutors around the country.
The justice system is a major weakness in Albania’s effort to modernize the state and it is always mentioned in international reports as a weakness that is affecting its progress or integration into the democratic world and the European Union.
People lack trust in the prosecutors and the courts, believing they cannot resolve their case unless they pay heavy bribes, according to recent surveys.
Bringing it to international standards and fighting corruption among judges and prosecutors remains a top priority. But it is also a political issue. The opposition Democrats consider this as an effort from the new leftist coalition to take justice system under its control.
However, independent analysts say it is clear that through nominations over the past eight years when the Democrats were in power, they have effectively taken control of the justice system through judges favorable to the center-right coalition. All the top officials in the system have been nominated by Democrats, critics among the Socialists say, often with trial verdicts that were seen as unfair by a majority of the Albanians.
The new draft law went through a consultation process with judges and prosecutors. However, the opposition boycotted the process.
The international community has made it quite clear that without bringing justice to European standards the country should forget any further steps toward EU integration.
International representatives have been pushing for more consensus. Following a meeting with MPs of the Democratic Party on Thursday, U.S. Ambassador to Tirana Alexander Arvizu said that judicial reform is an urgent priority for the country.
“The focus of the meeting was a discussion on the judicial reform. The most effective approach is comprehensive, full participation in parliament and full consultation with all stakeholders: domestic and international,” he said. “The U.S. outlook for reform has always been consistent. Judicial reform in broad terms is an urgent priority for the country,” said Arvizu, local media, adding KLD should be part of the discussion when it comes to the reform.
The Opposition Democrats on Tuesday said they are preparing a strategic document of the legal system in the country.
Democratic leader Basha explained some details that he called on the government to take them into consideration. The government has responded to such efforts in the past by explaining that they were elected by the majority of Albanians and would not let the opposition dictate reforms.
