Prosecution of high rank officials
07/06/2012 00:00
Linda Rama: Between Family, Work and Albania’s Future 18/08 14:30
On the second day of the Conference for the Supreme Court reforms, the
General Prosecution gave its stance about the cases that will be treated
in initial jurisdiction of the MPs and Ministers, when they are the
ones who give the approval for them in Parliament.
Prosecutor Kujtim Luli declares that if the election of the Supreme Court members will still be conducted by politics, then the way they are prosecuted must change.
“The Constitution and the Code of Procedure foresee an initial jurisdiction of the Supreme Court in which it prosecutes the cases against constitutional subjects, such as the President, who decrees the Supreme Court member, and the Chairman of the Council of Ministers, Ministers and MPs, who approve the appointment of this judge. This situation that is closely related with the initial jurisdiction has created and is creating a series of problems with the accusations that have been raised and represented by the prosecutors in the Supreme Court, especially for the public perception about the impartiality of judges and the solution of those cases. Referring to the discussion that was held on the first day of the conference, if the legal and constitutional situation for the election and appointment of the Supreme Court members. In the framework of this reform, which will expected to remain unchanged, regarding the way how the Supreme Court members are elected, we think that it is necessary to make the constitutional and legal changes, for reducing the prosecuting level of these constitutional subjects in the Court of Appeals or Court of First Degree”,
The representative of the General Prosecution mentioned another concern regarding some decisions of the Supreme Court, which are not unifying.
“We have noted and we still note that some decisions from the Penal College of the Supreme Court, such as the initial and reviewing jurisdiction, not only do not guarantee a correct interpretation and implementation of the law in all judicial levels, but they do not guarantee it even within the same collage, a situation that creates contradictory and disorienting effects in all judicial levels”, Luli declared.
The General Prosecution representative asked the General Prosecution to be granted the right to demand the unification or change of the judicial practice in the Supreme Court United Colleges, so that a category of penal colleges can be reviewed by a Penal College. According to the General Prosecution, the article that demands the explanatory arguments of the verdicts not later than 30 days, which, according to Prosecutor Luli, has not been implemented.
Top Channel
