EULEX investigation in our country, anti-Constitutional

Rakipi declared that this law showed the entire will for giving to the Albanians the right that has never been granted to them.

“I think that it has resolved a political situation, if you see it from a general point of view, such as the competences, the privileges and the way of communication with the foreign authority and even a total lack of reciprocity as regards similar situations, which the Albanians might have suffered on their own. The Albanians have suffered atrocities during these years and no one has cared with a similar law that allows the Albanians to verify what has happened with them”, Rakipi declared.

For the jurisprudence expert, many dispositions of this law will create a legal stalemate, because they are part of the Penal Procedure and from the legal point of view, this Code is higher in the hierarchy.

“The dispositions of this law can be put in question regarding their implementation, for as long that the law in a higher hierarchic point of view regulates the things differently. Whoever will have to do with this law tomorrow, when it will be applied, or whoever that will be submitted to this law as a witness, will put in question about which legal disposition to implement, the one that we are discussing together or the elements that have been carefully described at the Code of Procedure, which from the hierarchic point of view is the highest law”, Rakipi declared.

The former leader of the Albanian Prosecution declared that granting the right to make arrests to a foreign organ is an even bigger concern.

“It is a big concern that is related with the authority of our instituions, if they will keep implementing the sovereignty that has been given to them to apply, when we are talking about mutual legal help, or allowing ither colleagues that come from another jurisdiction to maneuver according their procedures in the country. The second is unacceptable”, Rakipi declared.

“Maybe they have thought to regulate it with the Convention of Vienna, for giving or recognizing immunities, but I think that a legal authority, even EULEX, has no credible reason to join diplomatic immunity. It seems like it is being prejudiced in a situation when they need such protection”, Rakipi declared.

The former Prosecutor concluded the interview for Top Channel by clarifying that politics is compact in the country in the most inappropriate moment, and that the only instrument that can be addressed to the Constitutional Court for the repeal would be for them to submit to this law or to proceed with it.

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