President - Prime Minister, 3-0 score in Venice

President - Prime Minister, 3-0 score in Venice

The Prime Minister lost 3 times in the neutral field to the President.

After two presidential acts of the President, two decrees regarding the postponement of the local elections, the Prime Minister set up a parliamentary commission for the investigation and impeachment of the President. With the Opposition leaving the Assembly and the dummies coming out of the bottom of its lists, the Prime Minister was sure that in the plenary session he had more than the 94 necessary votes for the proposed decision of the Assembly for the impeachment of the President.

But, according to the Constitution, the Assembly makes a proposal, unenforceable, up to a decision of the Constitutional Court which has the exclusive competence to impeach the President when it proves his guilt "for serious violation of the Constitution and committing a serious crime" as well. .

With its platoon of reborn MPs and the bedrock of the lists, the Prime Minister had no problem formulating any accusation of serious violation of the Constitution and serious violation of the law by the President, to support it with any kind of reasoning or legal interpretation. even if it is absurd, and with a majority of over 94 votes in this Assembly. But all this effort is not worth it without the Constitutional Court. Its all in vain.

The Constitutional Court, as a result of an (anti) justice reform, was shattered along with the High Court. The country continues to be without these two basic courts, with first and second instance courts scattered under vetting and, together with the prosecution, on their knees and in the shameful service of the Prime Minister.

For this (anti) reform, since January 2014, when nothing concrete was talked about, I wrote the article entitled "Reform in the Crusades against it" in the newspaper "Panorama". The title itself means content, so I'm not going to dwell on that.

The Prime Minister rejoices in his unbalanced and uncontrolled power with this judiciary and opposition outside the institutions, but the lack of a Constitutional Court makes it impossible for the President to be impeached, so he needs an iron-clad Constitutional Court in at least half of its members, so a minimum of 5 people. The Constitutional Court needs the iron control not only to dismiss the President, but also to protect the unconstitutionality full of laws and decisions taken these years that govern alone.

Therefore, the whole deceptive process of selecting and imposing candidacies for judges in the Constitutional Court was hatched, in order to put the President in front of a filtered list of candidates with a determination from which the President can either elect his future executors with his own hands or to give up and the qualification of judges to be liked by the Prime Minister should be derived from the arbitrary order served by the Justice Appointments Council, also a body well controlled by the Prime Minister.

The President, in defense of the Constitution and his powers, acted with legal intelligence and avoided the Prime Minister's plan. But the prime minister did not give up. What he failed to do with the scheme of administrative acts of appointment, he tried with the legal changes in the law on the Constitutional Court, including taking the oath to the notary in case this did not happen to the President.

On the issue of local elections, the Assembly addressed the Venice Commission on its own initiative and asked if the President had seriously violated the Constitution and the law, while regarding the issue of appointing constitutional judges and legal amendments, both the Assembly and the President addressed this commission.

In the meantime, the Prime Minister had drafted some amendments to the law on media, amendments that threatened their freedom. Under special threat were the recently born electronic media, the "the trash bins" (as he calls them), some of which are outside the prime minister's dictatorship and in strong opposition to the regime.

The amendments were not enacted by the President and were returned by him as unconstitutional. So devastating were these amendments that they forced the Council of Europe itself to address the Venice Commission against the Government and the Assembly of Albania - an event that was too, very rare.

On the first issue, the Venice Commission did not find any serious violations of the Constitution or serious law to justify the dismissal of the President. On the contrary, the Venice Commission positively assessed the President's concern and efforts to create the conditions and environment for finding a solution between the parties through his only instrument in such a case, which is the decree of the election date.

Honestly, at this moment the Parliamentary Commission for the Dismissal of the President should have been dissolved and the Assembly and the Prime Minister should have publicly apologized to the President, the Albanians as well, as they made Albania leave an internationally bad reputation in Venice. Of course this did not happen that all was not inadvertently wrong.

On the third issue, while the President returned the amending law with exhaustive reasoning for constitutional violations of freedom of the media, expression and information, the Venice Commission, with a similar reasoning as two drops of water, broke the government law.

Honestly, at this point the Parliament should have disbanded itself and the Prime Minister should have resigned because they were ashamed and we were ashamed of them for the third time in Venice, this time directly accused by the Council of Europe itself - an unprecedented event. Of course this did not happen that all was not inadvertently wrong.

Therefore, the 3 victories of the President in Venice against the Prime Minister are even more valid because they convinced the world of what regime is ruling in Tirana and in the face of what danger Albania and Albanians face if this regime is allowed to take root.

EMISIONET