Opposing the amends of HCJ law

The President declared that the independence of institutions is the base on which the justice system should function, and any other mentality would be a violation of the Constitution, and Albania, according to the press release, has detached itself from these mentalities.

The President underlined that the government and the Prime Minister are constantly attacking his institution by preparing draft-laws and by voting laws that damage the competences of the President. Nishani underlined that the government doesn’t want a reformed justice, but one that can be commandeered by the Prime Minister.

The High Council of Justice say that the draft-law for the organization and functionality of the HCJ should be interrupted, because it might bring bad and unrepairable consequences.

Through a letter sent to the chairman of the Parliamentary Commission for legal issues, Fatmir Xhafaj, and the Minister of Justice, Nasip Naco, the HCJ members declared that the main problem with the HCJ amends is the fact that it falls into conflict with some laws that regulate the judiciary system, and removes the sovereignty of the Hcj, by damaging the legal safety and by undermining the judiciary system.

The HCJ says that this procedure puts the HCJ under pressure and doesn’t resolve any problem. With these amends, the HCJ will not be allowed to verify the mandate of the HCJ member, since the verification of a member is a main right for the independence of the institution.

Removing this right, for the HCJ, creates a clear conflict of competences between the Parliament and the HCJ, or with the judiciary conference. According to the majority of its members, not only this draft-law doesn’t bring anything new with the work at the Council, but it also reduces their competences.

Members say that the basic rules and principles have not been respected, such as a preliminary consulting with this institution. They say that there has been no physical time to consult it with the interested parties. The HCJ members say that there is no recommendation for these interventions by the institutions that monitor the justice system, and the interventions requested by the international community have not been taken in consideration.

At this point is evidenced the longstanding recommendation to regulate by law the competences of two inspectorates, for liberalizing the exclusivity of the Minister for the disciplinary precedure requests against judges, and for creating standing committees at the Council.

The letter also says that the HCJ remains open for cooperation in the justice reform, and that a working group has created a draft two years ago for making amends and proposing amends rgarding the position of the Minister in the proceeding of judges; in defining the role of the HCJ members; foreseeing the discharging methods of judges, but, unfortunately, according to the letter, none of these propositions has ever been taken in consideration.

“In our opinion, this paces should be stopped immediately, since it may bring irreparable consequences.

***
 

Eduard Halimi denounced the package of laws that the majority wants to establish, saying that the Rama-Meta duo are trying to establish oligarchy in our country.

“Edi Rama is announcing an official installation of oligarchy with the justice package that is presented by the Commission of Laws. With this package, Edi Rama is trying to politically control every independent institution in ouir country”, Halimi declared.

Top Channel