Legal experts against CEC modifications

Ilir Paco – We are witnessing a strong debate about the Commission of Laws decision to replace a CEC member after the new modifications of the political alliances. If the fifth and sixth CEC members are to be elected one by the biggest second party of the opposition and the majority respectively, can this configuration change if the alliances are not the same? Is the CEC a reflection of the political alliances?

Gent Ibrahimi, legal expert – The debate is strong and unexpected because we all thought that the political leaders had finally found peace with the new CEC formula. But as we can see, this is not the case for the fact that they are trying to change the legal status of an institution. The way how CEC is constituted is political and this doesn’t happen only in Albania. The only option is the political process of election. This formula should not change the legal status of the CEC, which should be independent. The law is very strong about removing a CEC member, and it doesn’t cover this situation. We are in a trap built by the political class itself.

Ilir Paço – DP says that the majority and its allies should have the majority in the commission, while the opposition says that the parties should respect the code as it is. Should we accept that the government is the one who is responsible for the elections, and they should have the majority at CEC?

Gent Ibrahimi – It is a discussion between the letters and the spirit of law. We address to the spirit when the letters cannot do anything more for us. At this case, the letter is very clear. It is true that the balance of this institution is political, but it can be done only within the law. The political considerations are acceptable, but not with this replacement. What if the same thing would be done with Judges, in the future?
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Ilir Paço – The members are appointed by politics and they are still considered independent. Doesn’t this sound like hypocrisy?

Gent Ibrahimi – It’s a sort of hypocrisy, euphemism. But these are the limits for the actions and solutions that the law can give. Albania is not the only country where the leaders of independent institutions are appointed by politicians, but there is no doubt about their independence. If the members have the courage to act as independent, the institution can also act as independent. They can decide if CEC will be independent, and the law has given them this possibility. It is up to them.

Ilir Paço –How would you resolve this disagreement, if you were member of the Constitutional Court?

Gent Ibrahimi – The Constitutional Court has taken a decision this March and refused to proceed with an appeal made by a group of MPs for the electoral division. For political reasons, the Parliament decided that the division of 2009 is good even for 2013. This was not taken under consideration by the Constitutional Court, which was very conservatory. The same logic is in this case too. I don’t see it as an individual act. There’s no chance that this decision will be taken by the Parliament. I think that it will not be taken for a review by the Constitutional Court.

Ilir Paço – What are the legal and political consequences of this amend?

Gent Ibrahimi – There should be no consequence in the legal sense. As for the political one, this answer should be given by the politicians. I think it is more important to have a political moral, and not the majority in electoral commissions.

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