Dedja: Constitutional amends, not a taboo

06/06/2014 00:00

The Head of the Constitutional Court, Bashkim Dedja, declared in an
interview for Top channel that for fighting corruption is needed first
of all good will and cooperation, but also improving the mechanism that
control, capture and punish this phenomenon in the judiciary.

“Corruption is a very bad phenomenon for every democratic society. The bigger it is, the more damages it causes for the citizens, and affects the functionality of the state and institutions. Certainly that Albania has all the necessary mechanisms for fighting corruption, starting from the monitoring mechanism, even the public one; the mechanisms of investigating, of tracking evidence and conducting trials. All these mechanisms are decided by the justice institutions. Certainly that corruption in the justice institutions is very damaging, because it puts into question justice and the citizens’ rights. Certainly, it puts into question the state’s functionality as well. But the state must give its maximum against this phenomenon. Certainly, I cannot say what is going wrong, but these mechanisms need cooperation and the good will to fight corruption. The mechanisms are not perfect and there is always need for changes and improvements. The mechanisms need to be perfected and the corruption perception must fall, so that the rule of law receives the evaluation it deserves”, declared Bashkim Dedja, President of the Constitutional Court.

A few days after the debate for reviewing the Constitution, Mr.Dedja declared that its modification should not be a taboo.

“It is important to study it very well beforen making the interventions, so that the situations don’t get more complicated than they already are. Although it is the basic law of the state, it is not taboo modifying the Constitution. It simply should be made with extreme care, it should be studied well and should include the community of law experts and groups of interest”, Dedja declared.

Anila Hoxha, Top Channel: “On the 20th anniversary of the Constitutional Court, you have declared that politics is using it each day more when parties have conflicts between each other. Is it still happening?

“Political conflicts turn into legal conflicts that are resolved at the Constitutional Court. The duty of the Constitutional Court is not to make parties happy, but to make justice, regardless of who gets happy and who gets angry. The mission of the Constitutional Court is to preserve the Constitution, to share and balance power, to reinforce the rule of law and to respect the basic human rights. It is not related to politics, of who is today in power and who will come tomorrow. This doesn’t serve to the moment, but to the perspective, because their decisions not only give an evaluation for the case in question, but they evaluate the impact in society and democracy. It also affects the elements that are related to the state’s policy. For example, the Maritime Agreement, which was repealed by the Constitutional Court, was related to a political matter of our state. It is an explanation, a complex study and decision that is not affected by politics, despite of the discontent that might be expressed by both parties through various reactions. The Constitutional Court respects only the Constitution.

Top Channel

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