The amends of the organic law for the hiring of Supreme Court members,
which was approved in the last parliamentary session, have not resolved
anything with the conflict between the government and the presidency
regarding this issue.
The President was expected to give his opinion regarding these legal amends, but he did quite the opposite. He addressed to the leaders of five Parliamentary groups for consulting the criteria for the selection of two new members, basing his request on a law of year 2000.
“Based on the list of competitors, I request your cooperation regarding the criteria needed from the two newest members of the Supreme Court by respecting the Constitutional request”, the letter says.
Although the president is speaking about criteria through consulting the leaders of the groups, he attached to this request a list of names that according to him fulfill the legal criteria.
The President leaves time to the Parliamentary groups to give an opinion until january 5th. The letter of Bujar Nishani shows clearly that he doesn’t agree with the legal amends for the Supreme Court appointings. He warned that they would not be decreed.
The majority is expected to give an answer with a different content from what the President has requested. The Parliament has rejected so far 5 presidential decrees for this Court.
The majority saw the legal amends as a resolution of this stalemate. These amends foresee the establishing of a Consultative Council at the President, composed of the leaders of the judiciary institutions, a structure which, according to the majority, will affect two elements: will reduce the subjective and political influence of the President in the procedures for decreeing the members of the Supreme Court, and will increase the number of appointments with higher criteria.
But Nishani’s next move goes against the majority’s trust that the amend of the law brought a solution to the stalemate, bringing back the conflict between the President and the majority regarding this issue.
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