By Boldnews.al
Qualified as one of the darkest draft laws, for the depreciation of borrower’s collateral, has been unanimously dropped in the Laws Commission. Justice Minister Ylli Manjani failed to convince the committee members of the draft law that would favor the oligarchs of second tier banks.
Boldnews.al denounced the first of this megaskand that was long hidden by the government. It is about the devastating devaluation of the properties and real estate of the citizens and their sale under cost. According to the bill unanimously overturned today, if a borrower for various reasons does not pay off the loan, his collateral (eg housing) will be auctioned according to estimates set by the government itself and below the market price. But the scandal was further deepened, as if the first two auctions failed, the draft law gave banks the power to buy this property with 30% of the value.
Precisely in the meeting of the Laws Commission, Minister Manjani sought to protect this corrupt draft law for Albanian citizens, saying that banks are facing problems.
“At the moment, the banking sector has two syndromes, that of inventorying a large number of collateral in their balance sheets, which makes banking service unmatched as well as other syndrome, the billing of expenses in its balance sheets for the execution of civil decisions and execution is still ineffectiev, “said Manjani today to members of the Laws Commission.”
Asked by the commission’s deputies on the country’s estimated 30% value collateral, Minister Manjani has responded by raising the stockpile, not being able to give a clear explanation of how this proposal was borrowed.
As the focus was on how to solve the problems of banks, Minister Manjani made private and public bailiffs responsible for receiving the execution fee (ie, the sequestration of the collateral) while not executing it.
“The basic problem we have started to propose changes to both the private and public enforcement laws, as well as the Civil Procedure Code, was because the bailiffs receive the execution fee of the decision, put them into their account and the execution is not done. The private service also has the luxury that chooses those issues that will, those that are mostly paid well and that in this case come from the banking sector. There is one thousand and one reasons why the decision can not be enforced, but in the meantime the money has been taken “, added Manjani further.”
To punish the bailiff’s offices, Manjani intended to restore the “success fee”. In addition to the appealing name, in fact, this fee is a blow to the executive offices. According to the Minister of Justice, the bailiff’s offices should receive 20% advance payment execution and 80% after final execution. This proposal that seeks to slip the bailiff offices for banks’ intentions was also not well received in the Laws Committee.
“I know that the private bailiff service is not comfortable with the restructuring of the fee, but the success of his income must also be linked to the success of the job,” said Minister Manjani.
For the first time and unprecedentedly, the Minister of Justice claimed that this was a bill initiated mainly by the Albanian Banking Association and not by the government. This shows what Boldnews.al warned earlier about seizing power from banks’ oligarchs.
“This is a systematic problem raised in the Albanian Government by the banking associations but in this case by the World Bank, which 2 or 3 years ago suggested to intervene in this matter” –continues Minister manjani.”
In the presentation of the bill, Manjani did not care for a moment to protect the interests of the citizens. This was also demonstrated by the interventions proposed in the Civil Procedure Code, whereby borrowers should not be given the right to complain about the collateral sequestration execution as it dragged the process and, of course, “hit” the banks.
“Many debtors or even creditors, ie parties in the process of executing the decision, to express their dissatisfaction with the court decision use the procedure of objection of enforcement actions to start the trial from the beginning, and this not only leads to the delay in the execution of the decision decisions, but actually makes a crucial blow to the court decision, which has happened to us in some cases, and that is the intervention through changes to the Civil Procedure Code, “said Manjani.”
During the hearing, members of the Laws Commission requested a series of clarifications from Minister Manjani for this bill. Over 20 questions that he did in response to him were not answered either by Manjani but also by the experts in his side. Deputies Vasilika Hysi, Eduart Halimi, Dashamir Peza and Tahir Muhedini strongly opposed the proposals of the Minister of Justice and requested explanations on the changes to the enforcement law and the Civil Procedure Code, which they found as a sponsorship of a lobby that not only does not regulate bad loans, but puts Albanian citizens in a futile chaos.
As unclear from Manjan’s draft law, MPs proposed to hold a hearing with all interest groups in order to answer questions that Justice Minister did not give.
