The Chairman of the Justice Reform Commission, Fatmir Xhafaj, said they
will get back to work this Wednesday with the purpose to complete within
September the approval of seven emergency laws. But, Top Channel has
learned that besides this, Xhafaj has given a cynical and detailed
answer back to the Prosecutor General, Adriatik Llalla, who said earlier
this month that the new Constitutional amends are blocking the
Prosecution’s investigations. The document obtained by Top Channel shows
Xhafa listing six points to claim that the Prosecution’s concerns are
unfounded.
From September 1st, Xhafaj says, when the PG claimed the new Constitution was blocking them, the Prosecution has not interrupted any case because of the new laws. This, according to Xhafaj, cannot happen because the Prosecutor’s concern is not based on real foundations.
Xhafaj continues the letter with detailed answers on why the new Constitution allows the current Justice institution to keep operating normally. One of them is the first article, which activates the Constitutional transitory dispositions, which guarantee a normal continuity of work, and rejects the Prosecutor’s request for another disposition.
“As Chairman of this Commission, I consider the arguments presented by you as not based on constitutional foundations. Article 178.1 says that the current laws and normative acts will stay in act until the date when the new Constitution enters in effect and the current laws are repealed”, Xhafaj says.
The Justice Reform Commission Chairman used the same logic to reject another claim of the PG, that of not allowing the Prosecution to investigate high-level officials until the Special Prosecution is built.
“Article 179.8 of the Constitution foresees that after the creation of the Special Prosecution, the Prosecution of Serious Crimes will stop existing.” This Constitutional regulation is the argument that rejects the claim that the provisory dispositions have no provisions for the Prosecution.
This main purpose of this answer by Chairman Xhafaj seems to go beyond the desire to give explanations to the Prosecutor General, but to unmask what the government is calling “fluid alliances for sabotaging the Justice Reform”. Besides the Prosecutor General, the President and the Union of Judges have expressed similar concerns after the new Constitutional amends.
Top Channel
