TIRANA, Sept. 2 – Failure to approve a transitional provision on the Prosecutor General’s Office in the July 22 constitutional changes as part of a justice reform has created an impasse with the probe into senior public officials until new prosecutorial bodies are set up.
In a statement, the prosecutor general demands the immediate approval of a transitional constitutional provision that would allow the current centralized institution to continue its activity until laws making possible the implementation of constitutional changes are adopted.
Prosecutor General Adriatik Llalla says the new constitutional changes have stripped the institution he heads of probing senior public officials, including ministers, MPs and judges and shifted this power to the special prosecutor’s office, a body which has not been established yet. An impasse has also been created with cases already under investigation.
The new constitutional changes have also stripped the Prosecutor General of his decision-making on prosecutors’ careers, shifting the powers to the High Prosecutorial Council, a structure which will also carry out inspections and disciplinary proceedings and has to be set up within the next seven months.
The Prosecution General says failure to approve a transitional provision on prosecution could have been intentional, differently from other justice institutions which continue their activity normally.
“The Prosecutor General’s Office does not target finding the reasons that urged the drafters of the Constitution to make this differentiation in the treatment of the institution, but is willing to suggest solutions that serve to the progress of future activity,” it said in a statement.
The Prosecutor General is investigating into several high profile cases including a ruling majority MP facing attempted murder charges and a Supreme Court judge facing corruption charges.
The ruling majority unilaterally approved a vetting law this week paving the way for the implementation of the newly adopted justice reform, a move which broke the unanimous approval of the July 22 constitutional changes. The vetting law, the first out of seven organic laws needed to make the new constitutional changes effective, will scan all judges and prosecutors for their professional proficiency, moral integrity and independence from the influence of the organized crime, corruption and political power.
The opposition which claims the law violates the constitution and allows the ruling majority to capture the justice system has warned of taking it to the Constitutional Court and could also address the Venice Commission, a Council of Europe advisory body which helped draft the constitutional changes.
