TIRANA, July 22 – Albanian political leaders reached a last-minute deal on Thursday on the approval of the long-awaited and much-rumored justice reform, considered crucial to transform the highly perceived corrupt judiciary and pave the way for the country to launch accession negotiations with the European Union.
After a long day of bickering over the draft constitutional amendments and fresh negotiations regarding the election of members of judicial councils, the ruling majority and opposition reached a historic deal via broad political consensus on the draft reform on Thursday, meeting a July 21 deadline set by internationals to break the political deadlock and approve the reform initiated 18 months ago. The reform voted soon after midnight received full support by all 140 MPs in a rare picture of Albania’s mostly controversial political stage.
U.S. ambassador Donald Lu, and the head of the EU delegation to Albania, Romana Vlahutin were engaged in intensive talks for over six hours with members of the ruling majority and opposition Democrats over one last contested issue: the elections of the members of two institutions that will be set up after the approval of the reform.
Parliament Speaker Ilir Meta who had lobbied broad political support to the reform welcomed the accord between the Socialist Party and Democratic Party. “This agreement is a sign of maturity and unity. The process deserves a unanimous vote in parliament. Gratitude to the United States of America and the European Union,” Meta said.
Prime Minister Edi Rama also welcomed the long awaited consensus. He took to Twitter and posted several smiles EU, U.S. and Albanian flags. Earlier on Thursday, Rama underlined that the reform would be voted without doubt on Thursday parliamentary session.
The new talks came after Democratic Party chairman Lulzim Basha made fresh demands on Wednesday evening seeking a greater role of the opposition in the election of the members to the two new bodies that the reform package will create- the High Council of Justice and the High Council of Prosecution. The U.S. embassy in Tirana considered the demand “unacceptable”, expressing disappointment with the Democratic Party leader, Lulzim Basha. “Basha has introduced an unacceptable new demand. This latest development forces us to conclude this as an intentional effort by the leader of the opposition to block this reform,” the U.S. statement read.
Regardless of the disappointment, the United States of America and European Union ambassadors managed to bring parties together in agreeing a fresh deal on the new formula similar to the accord on the vetting process. According to the deal, five out of 11 members of the High Judicial Council and High Council of Prosecution will be elected by a committee of five members of parliament, three from the ruling majority and two from the opposition. The nominee must receive four votes, the deal says.
On Wednesday evening, Basha said that the opposition would support the justice reform after consensus reached on a formula proposed by the Johannes Hahn, the European Union’s enlargement commissioner regarding the role of the International Monitoring Operation. Commissioner Hahn suggested that IMO must have a solid legal basis in the Constitution but IMO’s recommendations are not legally binding. “However, these recommendations will include reasoning in which a position taken will be explained according to the criteria established by the legislation,” Hahn wrote in a letter sent to the Prime Minister of Albania, Parliament Speaker and Democratic Party chairman. The latter described the formula as a “victory of the Democratic Party principles.” “The opposition was engaged in a long battle. Our persistence delivered results,” Basha said.
On Wednesday evening, members of the right wing parties and the Socialist Movement for Integration, the Socialists’ junior ally, at the Ad-Hoc Commission on the Justice Reform convened to prepare the final draft based on the agreement negotiated by the block’s enlargement commissioner Johannes Hahn. However, representatives of the ruling Socialists argued that the opposition made new unaccepted demands and that the committee was set up to discuss the draft and not make changes to it.
The SMI presence in the meeting and the Socialists boycott sparked allegations of a rift in the ruling coalition following earlier calls for early elections in case Parliament fails to approve the reform in consensus.
Thursday was the very final deadline for Albania to pass the anti-corruption reforms of its judiciary. EU partners were often left disappointed with the ongoing fight between the government and the opposition which resulted in inability to pass legislation that combats corruption and organized crime. They insisted that the country’s legislation “must have teeth” for the country to approach EU and underlined that the block’s institutions need time to monitor how the reform works.
On the other hand the U.S. ambassador to Albania Donald Lu warned that Washington will take grave and long term action against politicians who do not vote for a judicial reform agreement. “There will be specific negative repercussions from the U.S. on those political leaders who vote against this reform,” said Lu, speaking in Albanian at a civil society rally in front of the Parliament headquarters.
Albania’s judicial system has been criticized as corrupt and lacking professionalism. The reform was deemed as a necessity since 2014, but political leaders dragged out the process fearing losing control on judiciary positions.
Until now all nominations at the Constitutional Court, the Supreme Court, a part of the High Council of Justice, as well as the General Prosecutor, have been politically influenced. Members of the Supreme Court are appointed by the president and approved by parliament. This court is exclusively entitled to trial members of parliament accused of wrongdoings but until now judges have acquitted MPs standing trial of all charges.
The General Prosecutor’s Office is also allegedly subject to parliamentary control which means that investigation on corruption is insufficient. The first step of the justice reform is to amend one third of Albania’s constitution and approve about forty laws as well introduce a vetting system for the income and properties of judges and prosecutors in an attempt to root out bribery and corruption. Although the implementation of the reform will take years, its approval is the first step towards EU accession talks. Albania was granted EU candidate status in 2014.
