By Boldnews.al
Justice reform, from an expected storm against corrupt politicians, turned into an avalanche against justice structures.
Three years after the adoption of constitutional changes that paved the way for what would be the “reform” of the judicial system, it has in fact become a fundamental obstacle for the Albanian State.
Following the collapse of the Constitutional Court, the Supreme Court and the General Prosecutor’s Office, there is still no light at the bottom of the tunnel for a complete and effective solution.
– The Constitutional Court, even if created, will have 6 members, out of 9 provided by the Basic Law. The number “6 members” is not provided for in any constitutional or legal provision.
But the Justice Appointments Council, the body that verifies candidacies for members of the Constitutional Court, headed by Ardian Dvorani, thinks it can put in place that institution with 6 members, a smaller number than the constitutional one.
The Constitutional Court is composed of 9 members, who are elected according to the formula: 3 members from the Parliament, 3 from the President and 3 from the Supreme Court.
– But the latter, namely the Supreme Court, cannot select the three candidates for the Constitutional Court, as today itself is dysfunctional
To resolve the “stalemate” in the Supreme Court, the Supreme Judicial Council has adopted a “bizarre” idea of EURALIUS; the appointment of temporary members of the High Court.
The HJC initially approved 2 “temporary members” of the High Court only for extradition cases. This “solution” is not foreseen in the Constitution or the law. But this, however, has not prevented the Supreme Judicial Council from finding “temporary” solutions, a scheme that is not known for how long it will last and how far it will take effect.
– For more than two years, the General Prosecutor’s Office has been operating with the Provisional General Prosecutor, a function which is not provided either in the Constitution or the law.
And yet, the parliamentary committee of Ulsi Manja had no problem electing the Interim Chief Prosecutor his friend, Arta Marku, as PPP (Interim Prosecutor General).
– Meanwhile, the High Prosecutorial Council, the body responsible for electing the members of the Special Anti-Corruption Structure, SPAK, is also preparing to set up a Special Prosecution with less than 15 members, as required by law.
