Bylykbashi on Top Story about New Prosecutor political stalemate

08/12/2017 14:00

As expected, now that the term of Prosecutor Adriatik Llalla is over, the political parties are involved in harsh debates.

Based on the new judiciary reform, the Prosecutor should be appointed through the High Council of Prosecution, which has not been established yet, for various reasons.

Since the HCP cannot be used, the Constitution says that the next Prosecutor should be appointed by the Parliament with 84 votes, or 3/5th of the total seats. But no party has 84 votes. In this case, the next solution, which was also approved by the US mission, OPDAT; by the US Embassy and also by the European mission, EURALIUS, is to have the majority appoint a Provisory Prosecutor until the HCP is established. And the temporary Prosecutor can be appointed with 1/4th of the Parliament’s votes plus 1, i.e 36 MPs from the majority.

Oerd Bylykbashi was live on last night Top Story, talking directly from the Democratic Party headquarters. He said that for the Democratic Party there are only two solutions to this stalemate, creating the High Council of Prosecution or following the Constitution and vote the new Prosecutor in Parliament with a qualified majority of 84 votes.

Bylylkbashi accused the majority of having blocked the establishing of the HCP because they want to use the judiciary in their favour through the Provisory Prosecutor appointed by a simple majority. For the DP, this shows that the Constitution has a gap that needs to be fixed, but the majority is trying to use it in their favour. The opposition’s legal expert says Rama has some very hot trials against his people, such as the one against Saimir Tahiri, and he wants to change the course of these trials by appointing new Prosecutors to those cases.

Analyst Arjan Vasjari said that Llalla’s mandate was terminated and that the Constitution cannot be interpreted differently from what it is written in its text.

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