High-level experts of the justice reform are working without the
representatives of the opposition or the Justice Ministry. They are
gathering in a final draft every proposition made by each of the
experts, and send it then to the Special Commission for Justice as soon
as possible.
“We are reviewing the material and we will discuss the propositions that will come”, says constitutionalist Aurela Anastasi.
They will not need to take long with the propositions of the Democratic Party, since they left the meeting as soon as the parties did not agree for the qualified majority at the Constitutional Court.
“Based on what I know, there have been propositions for the integration problems and the Constitutional Court”, Aurela Anastasi declared.
So far, the expert groups who sat a few days ago with the US and EU ambassadors have failed to find a compromise and about what majorty should the Constitutional Court members be chosen.
For the Constitutional formula to work is needed political will, and Constitutionalist Aurela Anastasi did not avoid this topic.
“We discussed the issue of blocking HIRING. We cannot create a formula that blocks it. We need to make a formula that works. It is a political issue and they are free to chose”, Anastasi declared.
However, the situation is not as hopeless as it seems. Experts made propositions that all parties see as constructive.
While the two parties accuse each other and disagree, with the majority wanting a qualified majority with 3/5th of the votes, and the opposition wants it with 2/3rd of the votes,
The experts brought by the Ministry of Justice have proposed a solution that eliminates blocking.
This solution needs for the vacancies at the Constitutional Court to be filled with consensual candidates and without a qualified majority.
If the parties don’t reach consensus in Parliament, the President proposes to vote a caondidate from the majority, and candidate from the opposition and hold a joint voting among all Parliament Members and judges of the country.
The experts believe that in a lack of consensus, voting by the justice members for the Constitutional Court eliminates the risk of having the justice system captured, a solution that so far has not been rejected by any of the parties.
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