Majority avoids President’s role in naming new Constitutional Court members

Tirana Times
By Tirana Times December 13, 2019 14:08

Majority avoids President’s role in naming new Constitutional Court members

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  • The legal amendment proposed by the Socialist Party stipulates that "if a member of the Constitutional Court is not called upon to take an oath within ten days of the election, he shall take the oath in writing and forward it to the President of the Republic, the denomination body and the Constitutional Court.”

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TIRANA, Dec. 10 - The country’s Socialist majority has drafted two bills focused on the issue of swearing in leaders and members of justice institutions, in an attempt to avoid President Ilir Meta’s role in many cases, following the clash that happened regarding one Constitutional Court member. 

In the case of Arta Vorpsi, a candidate for the Constitutional Court, the president disregarded the legal deadline for selection from the list sent by the Justice Appointments Council, citing the fact that the Constitution stipulated, in his view, that he should first await the parliament’s candidate selection from its list of vacancies. 

As, the ruling majority considered Vorpsi to be automatically selected, Meta decreed candidate Marsida Xhaferllari and organized a swearing-in ceremony for her.

The legal amendment proposed by the Socialist Party stipulates that "if a member of the Constitutional Court is not called upon to take an oath within ten days of the election, he shall take the oath in writing and forward it to the President of the Republic, the denomination body and the Constitutional Court.”

This, however, seems a forced choice to analysts as it is the constitution itself that provides for the oath in front of the president. 

Through another bill, the majority has avoided swearing-in before the president also for members of the Supreme Court and those of the Special Prosecutor's Office. 

For his part, Meta stated that “whoever finds time in these moments to provoke the president and the people of Albania must be clear that the president is well aware not only of his duty, but also of his mission.”

Meta made these comments as he was leaving the Tirana Prosecutor's Office, which has launched an investigation into the activities of the Justice Appointments Council, following the accusation made by Meta for the head of this institution, Ardian Dvorani. 

The latter is accused by the head of state of ‘abuse of office’ and ‘misappropriation of state authority and title.’ 

“The case is terribly flagrant. I hope that the Prosecution will not be under political pressure and do its job with professionalism and patience. I think this is a great test for the whole future of the Justice Reform,” said Meta, adding that “the evidence is enough for the Prosecution to act on Dvorani. We do not put pressure, although the issue is very serious, because it has called into question the functioning of the rule of law in Albania. The prosecution has had other earthquake-related issues, but this is one that no one can avoid. We are calm and patient and will cooperate closely because it is a very flagrant case,” Meta said.

The indictment against Dvorani relates to the procedures followed towards the Constitutional Court candidates. 

According to Meta, Dvorani, during the procedures for the election of CC members, deliberately sent the President  the candidate lists for two vacancies on the same day. 

According to him, Dvorani aimed at creating an unconstitutional state, making the president of the Republic constitutionally impotent, and attempting to create a state of fact committed against the president, pushing him to decide on his vacancy before the parliament declared its own.

In his response to the case, Dvorani has stated that the criminal charges against him, “is based, among others, on the existence of certain facts, behaviors and actions which are untrue but which the reporter may have thought occurred or would wish they had happened for motives only he knows. On the other hand, for the time being, I submit publicly that even my own conduct and actions, even those untrue but desired as such by the whistleblower, are such in nature that they not only constitute a criminal offense but also any other violation of the law.” 

According to the Supreme Court member, "even more serious is the fact that this criminal report itself, as well as all the President’s loud statements of the President, are based on a completely wrong and not professional assessment and interpretation of the Constitution and the law.

 

Tirana Times
By Tirana Times December 13, 2019 14:08