Xhafaj sides with US Ambassador, says Prosecutor General violated Constitution

15/02/2017 00:00

A few days ago, the US Ambassador accused the Prosecutor General of
trying to block Albania’s judiciary reform by proposing just three
candidates for the three seats at the Justice Appointment Council,
avoiding this way a fair selection by lottery.

The Prosecutor General answered back by accusing the Ambassador of meddling with the internal affairs of his institution, while the Ambassador had declared that PG Llalla himself was one of the many judges and prosecutors whose visa was revoked by the US embassy on reasonable doubt.

The Socialist Movement for Integration leader, Ilir Meta, part of the ruling coalition with the Socialist Party, publicly supported the Prosecutor General in an interview for Top Channel, while his ministers have raised concerns today about the International Monitoring Operation, part of the judiciary reform, calling it anti-constitutional.

The Chairman of the former Judiciary Reform Commission, Socialist Fatmir Xhafaj, continued the same debate today by siding with the US Ambassador, saying that Prosecutor Llalla had violated the Constitution by not allowing the three seats at the Justice Appointment Council to be selected by lottery.

Top Channel obtained the letter through which Xhafaj informs the President, the Parliament Speaker, the Presidents of the Constitutional Court, Supreme Court, and also the Prosecutor General, for the violation of the Justice Appointment Council rules.

“The process administered by the Prosecutor General is completely against the Constitution, which makes its result unconstitutional”, the Socialist MP declared.

The Socialist Movement for Integration leader, Ilir Meta, had justified the actions of the Prosecutor General by saying that one of the criteria was that the candidates should have finished the Magistrate School, and that the Prosecution General had only three prosecutors in total who met this criterion.

Xhafaj responded by saying that the magistrate school is not needed for a temporary council such as the Justice Appointments. The only criterion that would exclude a candidate, according to Xhafa, is that they should have not received any disciplinary measure during their years of work.

The Chairman of the Commission of Laws says that a double standard had been used for the candidates of the Justice Appointment Council, which will have legal and political consequences.

“If we ignore this fact, we will damage the citizens’ trust in the creation of the new judiciary institutions. It also invalidates the sincerity of politicians who declared that they support the reform”, Xhafaj declared.

Xhafaj’s letter was sent on the same day when US and EU ambassadors received a letter from the Minister of Justice, Petrit Vasili, from the Socialist Movement for Integration, who considered the International Monitoring Operation as anti-constitutional.

This battle of written letters shows that the implementation of the judiciary reform will be even more difficult than it was predicted so far. The relations between the parties of the current ruling coalition and even with the international partners, will also be very difficult.

Top Channel

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