Council debates for immunity lifting

21/07/2012 00:00

The Legislation Council at the Albanian Parliament heard the opinions of
the PACA and EURALIUS experts for more than 6 hours, including those
from the constitutional institutions and interest groups that are
affected by teh propositions for constitutional amends that are related
with the immunity.

The Parliament Speaker, Jozefina Topalli, declared that the DP has adopted the draft of the EURALIUS and PACA experts.

The Socialist vice chairman of the Commission of Laws, Fatmir Xhafa, declared that they have the right to question every comma of the draft.

The PACA expert gave detailed explanations referring to the international practice for the arrest of an MP. The international practice, according to him, is that the prosecutors are allowed to inspect the residence of an MP. The expert proposed that the inspection of the MPs’ houses should be provided by the Penal Code, and not the Constitution. According to him, in such cases, the Parliament should be informed in the moment of the arrest, and there is no need for any article about MPs being caught in the act. According to the EURALIUS expert, slander is a very delicate matter, because for the MPs is better to be allowed to say something even if it is not true, than not have the right to speech. He declared that he is against the penal prosecution of MPs for slander.

The EURALIUS expert, Joaquin Urias, explained the propositions that are related with the Supreme Court.

“The EURALIUS propositions have a long-term platform. The only point where there is a difference between the propositions is related with the Supreme Court. Our propositions aim that the Supreme Court should turn into a career court. We believe that this court should be included in the judiciary career system. Today, the Albanian Supreme Court judges are only apopinted by the Parliament. EURALIUS proposed that the Supreme Court judges should have the same position as the other judges. The situation in the Supreme Court today is not as we would want it to be. The other proposition makes us understnd that the position of the Supreme Court judges is different, because it is not considered as a career Court. It is completely up to the Albanian Parliament to decide if in the future you want to have a more adequate solution than the current situation, or a configuration according our view”, Urias declared.

The General Prosecutor, Ina Rama, declared that the drafts presented by the DP and SP serve to the intention of the institution she leads, but a package with amends at the Penal Procedure Code is what is needed. According to her, the package could be followed with procedural amends for completing the one that is used for the immunity.

Ombudsman Igli Totozani, together with the Supreme State Audit leader, Bujar Leskaj, expressed their concern regarding the immunity lifting in these two institutions. Totozani added that their work faces a fair amount of risks, while Leskaj declared that he is against the repeal of the SAA law, which he said has found the support of both political parties.

Expert Rustem Gjata declared that it is up to the Parliament to decide for its own members, but the Supreme Court should not be always used for these matters, but it can be delegated to the lower ones.

The Parliament Speaker asked the rapporteurs Majko and Paloka to include the suggestions in their relation.

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