Omari: Immunity, Constitution to change
19/10/2011 00:00
Linda Rama: Between Family, Work and Albania’s Future 18/08 14:30
In the dialogue table for the reform of the immunity system, assembled
one day ago, the Socialists declared through MP Fatmir Xhafaj that they
approved the removal of the MP mandate, an action that according to them
can be taken with Constitutional amends.
The democrats declared through the head of the Law Commission, Ilir Rusmaili, and the Minister of Justice, Eduart Halimi, that they were against the Constitutional amends, but they can remove the mandate with a special Parliament decision, without touching the Constitution.
The Constitutionalist Luan Omari, former member of the Commission of Venice, a commission that has given the opinion that this issue can be resolved once and for all through constitutional amends, declared:
“Some countries have the Parliamentary Immunity in the Constitution, but there are also others, such as Italy and France, which have removed it with the Constitutional amends. The Commission of Venice has given an opinion, saying that it would be better with constitutional amends. I gave my personal opinion at the Commission of Venice. This opinion is not because it is what is being asked by the Socialist Party, but I have formulated it there where it has been needed or where my opinion has been asked. If the two biggest political parties reach an agreement for removing the immunity, these parties have the necessary votes for making the Constitutional amends”, Omari declared.
Omari greeted the declarations of voluntary immunity abandonment, as it happened in the meeting of the Democratic Party Parliamentary Group on 14 February 2011, but does this action have a legal value?
“This action shows that there is a good will, but it has no legal value. The immunity is not a personal matter of the MP, but a state, political and legal principle that has been assigned by the Constitution to the MPs. Only the Parliament can remove it, hence the Prosecution cannot do anything”, Omari declared.
The EURALIUS propositions also include immunity removal for judges too, but Judge Community says that this decision is temporarily.
“The immunity must be removed for the Ministers and MPs, but this doesn’t mean that the judges should be privileged and have immunity, especially in Albania, where judicial corruption is notorious. It would be right to exclude judges from the immunity, but there are some modalities and details that must be addressed”, Omari underlined.
For lawyer Omari, the removal of the immunity is a necessary step, but he is sceptical to the fact that even when MPs, judges and Ministers would be left without immunity, the battle against corruption will not be easier to be won by the prosecution.
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