Interview with outgoing Constitutional Court Judge Përparim Kalo, who was recently proposed to parliament as a presidential candidate by several important civil society organizations.
- We have heard your mandate is over. A question that I think many others are asking: why did your term end up so early when other judges have stayed in the Court several years after their term has ended?
When appointed, I knew the term of this vacancy was limited, as according to the Constitution the substituting judges stay only for the time remaining from the nine years term of the substituted judge. So, my term would end on 8 April 2022. As a matter of fact, a substituting judge has the option (but not the obligation) to stay until the next judge comes in. I had declared formally to my fellow colleagues that I would leave only if my departure did not have an impact on the decision-making process. As you most probably know, a new judge was recently appointed, so my absence will not affect the quorum.
It is true that when I took the decision to apply for the short vacancy in 2020 it was not so easy as I had to leave the firm where my professional and personal life were commingled for a long time. I thought it was the right time to contribute when a kind of collapse of the courts occurred due to the “surgery” they were undergoing, also known as the vetting process. Many vacancies that resulted from the vetting needed applicants, as calls invited also lawyers in private practice. When selected and elected I was very pleased to receive thousands of messages of congratulation and appreciation. One of them, the ambassador of one of Albania’s strategic partners, said: I join with the Albanian people in thanking you for answering the call to duty! I admit my contribution was little due to the time restriction, but I hope other important duties can inspire me to serve the country again.
On your question why some judges stay longer, even years after the expiry of their term, circumstances vary. In some cases, substitution can take place promptly, in some others can take longer. This deserves special consideration and from an insider’s viewpoint, I can give my modest recommendations on how to tackle this issue in the future. However, this is not a problem of judges who stay until substituted, but of the system itself and the lack of a sufficient contingency of qualified candidates who can run and fill the vacancy.
- Do you think this should be modified?
As I mentioned, the modification entails agreement by the commission of the constitutional reform. The Constitution has been amended six times, but none of them considered correcting this outdated mechanism which has an impact on the necessary stability of the court.
I believe this will be taken into consideration in the future and solved, as recommended by the Venice Commission two years ago.
- What will be your first day following the expiry of your mandate as a Constitutional Judge?
The first day after leaving the court, I will go to see my mother who will be 89 in a few days, as she has not seen me as much as she was used to, because the function in the court was carried under really hectic schedules.
Then, I will go to my father’s resting place in the hills of Tirana to tell him that I tried to do something like him, although modestly, for the country, as a public servant. He was a brave man, often a hero in my eyes as his friends described how he took the gun to fight for liberty when he was only 16. His life was intense but short as he went up to Heaven very early, at the age of 45.
The third thing is to go out for dinner with my wife, my daughters and my son and talk over dinner about the important experience I had in the Constitutional Court. They are my pride, my precious assets, and I have to share my future plans with them.
- The appointment in the Constitutional Court is considered a great achievement. What do you think you gave the court and what did it give to you?
My selection came as a result of the vetting process. As you know many judges could not pass the tests vetting involved, and therefore had to leave. Some others resigned to avoid vetting. So, this process created several vacancies in the Supreme Court and the Constitutional Court. As the criteria in these courts were not easy to satisfy, only a few candidates applied and underwent several verifications. This called on my conscience and it was a quick decision to go for one of the vacancies. Thus, the process of my appointment was quite spontaneous and rather smooth, mainly a result of the above circumstances. Certainly, it may also be seen as an achievement, considering my career path in the legal sector.
As to the give-and-take question, I think for what I have given it should be better to ask my colleagues. To me, it is fair to talk about what one takes rather than what one gives. Of course, I can say that I offered unconditional love and respect to all colleagues and the staff and tried to show seriousness in any assignment.
But the court, my good colleagues gave me a lot of unforgettable things: learning experience, friendship and trust. In addition, they paid respect to me, often, as the older man in the room, for which I feel and will feel a debtor. I have written previously about the strong capacities of the court and the commitment of my colleagues to keep the court at the highest professional level possible. We worked closely every day for its institutional strengthening, and for restoring the vanished public trust through solid, independent decision making. We had a perfect understanding, spirit of collaboration and fruitful discussions on professional, but also on social and cultural issues, including music and art.
In our lives, we create and forge different relations and friendships. Friends from childhood, school, neighborhood and jobs. In the Constitutional Court, I was lucky to have new friendships and professional relationships that will be memorized in the catalog of the 40 years of a long work journey. Surely, I am going to miss it, but will try to keep it intact. As they say, the world is rather small and we will meet again, even though I have to go now.
- You have raised the voice from time to time regarding the necessity of reforms in the justice system. What do you think about it now, considering your experience in the Constitutional Court?
Indeed, I have raised my modest voice in some conferences, workshops, forums and written articles about legal and judicial reforms, as a representative of business associations whose members complained about unpredictability and uncertainty that unfinished land reform or weakness of the court systems produced. In addition, public procurement, arbitration, government contracts have always been issues of concern for investors and, as my firm specialized from day one on foreign investments, they meant a lot and therefore we always considered them as issues to be solved by any governments (Nano, Berisha, Meta, Rama.)
The fact that the EU progress report kept mentioning those problems as shortcomings has proven that our concern was right. The same goes for the World Bank’s Doing Business reporter, where Albania’s ranking has been rather low.
That is why the legal and judicial reform should go on and all judges and prosecutors undergo the process of scrutiny,
- According to some media and diplomatic sources you are considered as a potential candidate for the post of the President of the Republic. This news was followed recently by another news that some important organizations have jointly proposed you as a potential candidate for President to the Parliament and political parties represented in the Parliament. What was your reaction and the reaction of your friends and collaborators when this came out as a proposal?
Any human being may have dreams. In particular, they enjoy nice dreams and wish they come true.
The key players in the process say they will agree on a candidate that is a normal person and blessed by all parties. Of course, other criteria and qualities will condition the selection of the right candidates. There can be many good candidates, and I would be surprised (but also satisfied) if I am considered. That is all I think when my name is mentioned. However, I ought to thank the organizations, namely Albanian Human Rights Group, Institute for Democracy and Mediation, European Center, A.L.T.R.I. Center, Foundation for the Right of Persons with Disabilities, Red Cross, Conflict Resolution Center, Independent Cultural Stage, Tirana Legal Aid Society, Partners Albania, Association of Italian Entrepreneurs, that thought so highly of me!
7. Leaving the modesty aside, would Përparim Kalo be an appropriate figure for the position of the Head of the State and how would this role fit with your perception and concepts?
Many colleagues, friends and diplomats I know and have known for many years, have expressed their support when they saw the news on the proposal by the civil society. I feel overestimated, as I am sure there are so many other good candidates around!
I am not prepared to give any structured thinking on this role, but if there will be the chance, I will be able to build a good platform. What I can say now with certainty is that such a high position suggests that public interest should be superior to any other interests and it should be always kept in my heart and mind in any action. This is a principle and as such would not be negotiable.
8. What would you do better than previous presidents if elected in that post? It is certain that in international relations and justice you would enjoy privileged status, isn’t it?
Firstly, I would be very careful in respecting the red line being aware that the powers and competencies of the President in a parliamentary republic have to be exercised within the frame of the Constitution, thus I will avoid any ultra vires acts. Secondly, neutrality, impartiality (above parties), will enable and empower me to intervene to solve crises that appear from time to time in the life of a country. Thirdly, I would appreciate what the previous Presidents have done to defend democracy, human rights and the Constitution and will not hesitate to seek for their advice when prompt analysis of situations and rendering of important decisions are required. Fourthly, I think the current situation is historical for Albania and all Albanians, as European integration is coming closer. In this context, Kosovo should also be in the focus of the new President and if I were to be President, I would raise the voice and strengthen the vocation by persuading countries that have not recognized it yet to do so. Fifthly, Albania is now taking high responsibility in regional and wider international initiatives, structures or organizations. New leadership roles in the OSCE and the UN Security Council have proven that Albania is being considered as a normal, equal partner and ally, so this puts a lot of obligations on the desk of the Head of the State to find ways on how the country to be presented with dignity and show that we are able to contribute in global affairs too.
I inherit very good relations with the international community in Albania and also with many Albanian ambassadors overseas. I would be able to keep them stronger in any new role that might require using that investment made through several decades.
- On another subject, art and culture, you have been quite active in collecting beautiful artworks by renown Albanian artists. If not mistaken, we believe your collection is the largest one in Albania, but apart from collecting, you also promote art through the two galleries by organizing exhibitions in and out of Albania. Your two art galleries holding your name, KALO, are precious stones in the busy Tirana life. Will you continue to promote art if elected President?
Love for art is unconditional. It is known that some of the former presidents, as well as parliamentary and government structures have supported art, so there are good grounds to follow that tradition and even go a bit further by providing a more systematic support to art and artists. The artists are an important segment of the society that, if incentivized properly, can contribute heavily with their hearts, hands and minds to healing the pains Albania and Albanians suffer from. They are like angels that convey messages of peace.
Only a few days ago, Kalo Art Foundation organized two significant exhibitions on Tirana thus supporting the status our capital earned through high performance as 2022 European Youth Capital!
- What do you think about the process of electing the President? Is the idea of a President elected by people better than being selected by the politicians?
The idea of the President elected by people with direct vote is acceptable and can be implemented, without necessarily changing the architecture of the state, its institutions. Giving people the idea of ownership, as opposed to letting the process exclusively in the hands of the parliament, often dominated by one political party, sounds like out of fashion, so at least the majority should demonstrate it is open minded by giving the process of election of the President real sense of a public event, reaching out a consensus or at least a supermajority of votes.
- What will be your next stop now that you are freed from the public function.
My life is and will continue to be very intensive. I never stopped playing basketball, football, tennis, and guitar. I need some time to visit some projects that were “parked”, put on the “waitlist” and the day to unpark them has come. To be more specific, will finish writing a novel which will throw some light on the legal transition in Albania by an eyewitness, will take care of publication of some selected poems by great poets translated in the past and a second book with my own modest poems.
In addition, I will work on a project for celebrating the Danish Day – 5th of June, and another one on the 100 Anniversary of U.S.-Albania relations. Finally, I will also pick up the French language course again, so it appears I will be busy, just like before.
