TIRANA, June 22 – Albania’s ruling Socialist Party is moving forward with the approval of the constitutional amendments as part of a long-awaited justice reform while the opposition Democrats insist the reform cannot be approved without consensus. Regardless of Assembly rules and procedures, the Socialist Party has called on parliament speaker Ilir Meta to make an announcement Thursday regarding these draft amendments compiled by the ad hoc commission on justice reform and include them on the agenda for review and approval within next July.
Both the Socialists and Democrats have been struggling to reach consensus on the long-awaited reform which has also been set as a pre-condition to open EU accession talks despite recommendations by the Venice Commission and mediation by U.S. and EU diplomats. The constitutional amendments require a qualified majority of 2/3 or 94 votes in the 140-seat Parliament which the ruling Socialist Party-led coalition does not have on its own.
The Chairman of the Socialist Party parliamentary group, Gramoz Ruà§i, has sent an official letter to Parliament Speaker Ilir Meta to include the draft constitutional amendments part of the justice reform in special accelerated procedures and approve them before the assembly break for the summer holidays. “The simultaneous approval of these draft constitutional amendments is part of the accord between involved political parties to make the process reliable,” Ruà§i noted. He underlined that the review and approval of the draft constitutional amendments along with the additional seven draft laws should be a priority for parliament.
Ruà§i’s letter comes few days after thirty-three members of the ruling majority presented an official request to approve the draft constitutional amendments. These amendments include the Constitutional Court, the Supreme Court, the High Council of Justice, the Prosecution and other stakeholders involved in the governance of the judiciary. If approved, the proposed amendments will set up new institutions of governance of the judiciary. They include the High Inspectorate of Justice, the High Disciplinary Tribunal and the Justice Appointments Council. The proposed amendments make a reallocation of responsibilities among the various justice institutions. Many of the responsibilities currently assumed by the minister of justice are proposed to be entrusted to the High Judicial Council.
Furthermore, the amendments aim to strengthen the profile of some existing institutions (for example High Prosecutorial Council) and abrogation of other institutions (including National Judicial Conference).
Reacting to the Socialist Party letter, the chairman of the Democratic Party Parliamentary Group Edi Paloka told Tirana Times that Ruà§i’s letter is an open provocation. According to him, the lack of consensus on recommendation 88 of the Venice Commission will make a parliament vote impossible.
Paloka added that Ruà§i’s request to speed up procedures is a declaration of war. “The only way to approve a justice reform that fights crime and corruption is through the implementation of recommendation 88 of Venice Commission. Any other move is a declaration of war against the opposition, parliament and the people’s aspirations for independent justice. They will not win. The end of this battle means that the criminal and corrupt oligarchy of [PM] Edi Rama will be dismantled,” Paloka said.
The whole debate about the justice reform revolves around the famous recommendation 88 of the Venice Commission which notes that all nominations in justice institutions must be done through “reserved seats” from the parliament and political parties. The Socialist Party on the other hand insists that nominees must be selected in an independent manner and approved by the parliament.
The signs of a possible conflict are now as visible as ever. If the majority approves the reform without the opposition who on the other hand has warned that it will burn off its mandates, than the implementation of the reform is uncertain. The opposition has also warned of protests against what it calls the capture of the justice system, if the reform is approved under the current version.
