The Democratic Party draft preserves the structure brought by foreign
experts, which is supported by the government, but eliminates some
institutions which, according to them, will complicate the justice
system and citizens’ access, will reduce credibility, independence and
accountability.
One of these institutions is the Council of Justice Appointments, which, in the draft of the majority, makes the list of candidates for most of the leading justice institutions. The opposition gives this role to the Constitutional Court, preserving the formula of its composition.
As for the qualified majority, which is one of the main disagreements between the majority and the opposition, the Democratic Party proposes that the Parliament should use a 2/3rd majority until September 1st 2017, when the quota for the highest justice institutions are completed.
When the new legislation enters in effect, the opposition proposes a majority of 3/5th, same as the government. However, there is an essential difference with the formula for appointing some high-level members, respectively at the Judiciary Council and at the Prosecution. The formula gives two spots to the list supported by the majority, two for the opposition and one for the civil society, which is elected with 3/5th.
The Democratic Party draft, which has 25 articles less than the official draft, foresees that no member should start his duty without undergoing the inspection process, and preserves the Constitutional mandates of all officials who pass the reevaluation test.
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Some time ago, the US Ambassador gave an ultimatum and mentioned the time when the reform should pass in Parliament.
“It should pass by the end of May in this Commission, and in Parliament by the end of June”, said the US Ambassador, Donald Lu.
This Thursday, the Parliament passed the agenda that schedules its work until July 1st, but the Constitutional amends for the Justice Reform are not there, although this is the debate that creates more conflicts between PM Edi Rama and former PM, Sali Berisha, during their Parliament sessions.
“The next generation which I work for, needs to take an answer today, not tomorrow. Why aren’t we voting today? The justice reform is now facing you and your Party”, Prime Minister Rama said to the former PM, Sali Berisha.
“The first draft was rejected, because you did it without us. The second draft too. Do you want a reform? We will lead it with nothing else, only with what was brought by the Venice Commission. If you want, you can do it. If not, you can go on. We cannot force you”, Berisha answered.
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