Constitutional amends, SP proposition revealed
29/07/2011 15:00
Chief territory inspector in Elbasan and his subordinate declared wanted for taking bribes on illegal constructions 23/04 21:19
The Constitutional amends that have been mentioned several times by
the Socialist leader Edi Rama, have in its foundation what the
opposition calls a guarantee of the most important constitutional
principle, that of balancing and sharing powers.
Sources inside the Socialist Party reveal a part of these propositions that will be detailed by respective experts.
The elections of institutional leaders
The first clause from which derive a series of other amends is the one that turns the qualified majority at 3/5 of the Parliament for electing the institutional leaders in the Albanian parliament. This is one of most debated amends that were made on 21 April 2008, when the Albanian President, from 84 votes, could be elected in the two last rounds with 71 votes. According to the Socialist Party, this would end the unilateral election of the President in 2012, when the current mandate of Bamir Topi expires.
By taking in consideration the fact that all independent institutions are unbalanced, the election of the President with mandatory consensus, as it was provided by the Constitution before 2008, would guarantee, according to the Socialists, some institutional leaders deriving from consensus and not from political impositions. According to the Constitution, before and after the amends, the President can decree the election of the General Prosecutor and can dismiss him after a proposition by the Albanian Parliament.
The President has also the right to approve or refuse the proposition of the Prime Minister for the head of the State Information Service and the High Council of Justice, and also can appoint the judges of the Court of First Instance and of Appeals. According to the Socialists, these institutions and the judicial system should not come as result of the single political force that has the power, which, according to the current Constitution, has the ability to elect the President without the opposition.
Electoral Code amends
A second and very important clause is that of the Electoral Code. This reform was also recommended by the international community. According to the Socialist Party, there must be the necessary legal guarantees for not repeating May 8th election manipulations. The Socialist Party also wants to change the formula for the creation of the Central Election Commission. This institution, which has been called by the opposition as the main responsible for the Tirana election manipulation, is seen by the Socialist Party as an institution that can be turned into a nonpolitical institution.
As result of the abovementioned clauses, especially the balancing of powers, the package will include another important constitutional amend: removing immunity during corruption court cases and suspending the defendant from all public duties while being under investigation.
These are expected to be the main elements of the amends requested by the Socialist party, or at least these are the first clauses which have been proposed, under the care of a group of experts. Other propositions are expected for this reform, which apparently will be radical, for guaranteeing a normal cooperating relationship between both political fronts.
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