Tirana Times
TIRANA, May 31 – Albania’s justice is at a big crossroad these days, according to a roundtable held in Tirana.
The president decreed three new judges of the Constitutional Court but one of them was not approved, due to his alleged past in the former communist regime.
The move caused a furor with almost all international community diplomats saying that the parliament should not impose itself in a political affiliation in the justice system.
They considered the turning down of that candidacy as purely political which did not help the reform and development of the judicial system in the country.
U.S. Ambassador John L. Withers spoke on the topic at a round table of legal and judicial experts, hosted by former Presidents Alfred Moisiu and Rexhep Meidani, and former Head of the High Court Thimio Kondi, held last week focused on the key role of the Constitutional and High Courts in Albania and the importance of a credible selection process for new judges.
Withers said that independence of the institutions was a fundamental issue for the country.
He spoke at length on a “joint concern on the nominations for the Supreme and the Constitutional Courts,” which he considered as the most improvement ones, and if they do not function normally “the basic democracy becomes difficult.” Withers criticized the lack of transparency the way the parliament (only with the presence of the governing Democrats) decided against the nomination of Vangjel Kosta, which was a very professional candidate, according to Withers.
He said that clearly showed an image of the political will over the courts, which should not exists in a democratic society.
British Ambassador to Albania Fiona McIlwham said, “An independent judiciary is one of the cornerstones of a democratic nation and an EU requirement. It is vital that the process strengthens the independence, integrity, professionalism of judiciary and that the courts have the confidence of all, particularly the Albanian public.”
OSCE Ambassador Robert Bosch said that the parliament should only consider the professional aspect of the candidate and not the political affiliation.
Roger D. Sherrard, Attorney and Counselor at Law who hasworked with the Albanian Judiciary since 1992, also distributed an article on the issue.
He said thatAlbania suffered a major setback last week. This setback has gone largely unnoticed in the shuffle of politics.
Just another vote in Parliament following a closed hearing – hidden from public view. No one really knew it was happening at the time. It was just another vote complicated by politics with obfuscated reasons or no reasons that made any sense to anyone that knows anything about the Albanian Justice system. While seemingly unnoticed by most people, the vote of Parliament to reject Vangjel Kosta’s appointment to the Constitutional Court is a colossal blunder. This vote speaks volumes about Albanian politics, which so often destroys the very best.
“Of the three persons nominated, Mr. Kosta is clearly the most qualified, has the most experience and has an unquestioned reputation for integrity as a former Justice on the High Court, as a lawyer, and as a Professor at the School of Magistrates,” said Sherrard.
Albania is at a loss because the best person nominated will not be on the Constitutional Court. Albania is at a loss because the best people will be more reluctant to apply for important positions in the future. Albania is at a loss because a wise and independent voice will be absent from the many important decisions which will come before the Constitutional Court. Albania is at a loss because the international community knows what has happened and recognizes this to be a colossal blunder. Albania is at a loss because its people know that the best candidate has been rejected, he added.
In his article he expressed concern overParliament’s rejection of avery well qualifiedprofessional. “Excellentprofessionals have been rejected in the past, and excellent professionals, we hope, will be nominated in the future. But Albania does not have the luxury of keeping its best from the challenges facing the Judiciary. Those challenges need the best, the very best, to develop a Judiciary which will serve the best interests of the people,” he wrote.
Sherrard also called on Parliament to consider the President’s judicial appointments with seriousness and respect.
President Bamir Topi has also decreed the nomination of three judges for the Supreme Court. They are to be discussed at the parliamentary legal commission and then voted to parliament.
There have also been rumors that one or two of them may also be voted down again.
Meanwhile the president is pressing four other nominees for the Constitutional Court. That seems another big battle for him, the parliament and also the western countries already involved in the issue.
