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Opinion / Editorial

The clash of powers stains shame for Albania

The clash of powers stains shame for Albania

Anyone in power can abuse it ... He can achieve it if he finds no restrictions. In order not to be able to abuse power, you need power that forbids power. "These thoughts have been expressed by Montesie since 1748 in '' The spirit of lows ''. highest political power, - The executive power which is the government, - The judicial power which are the prosecution and the courts, including the Constitutional Court. Above these 3 powers stands the PRESIDENT who must be the arbiter over the parties. It is presumed that these powers, even though they are completely independent, have the duty to control each other for the progress of democracy. They make proposals and remarks at the institutional level and not directly in the media. But how do we currently have all three powers, plus the President as arbitrators? In the time of communism there could be no question of the independence of the three powers. The decisions of the ALP had to be strictly enforced, otherwise anyone who tried to deviate in the slightest was arrested and punished. We were dealing with a false "unity". With the fall of the dictatorship, initially again the prosecutors and judges were all loyal cadres of the ALP. Even the dictatorship codes that benefited the SP continued to be in force. With the coming to power of the Democratic Party, this abnormal situation did not have to continue. Instead of temporarily replacing the codes of communism with, say, the French Penal Code and the French Civil Code, the wrong path of dismissal of experienced prosecutors and judges and full university education was resolved. Berisha replaced them with PD militants who became "lawyers" in the six-month course at Plepat in Durrës. (They also had to judge on the basis of ALP codes ?!) It was an action that destroyed him completely and that justice we had. It degenerated to the point that the US was forced to "impose" justice reform on us. This was necessary for the independent functioning of the three powers, which, like Enver once, were led by Berisha. So, Albania could not be called a democratic state. NGËRÇI How is the situation of the three powers now that the justice reform with the SPAK and the completion of the Constitutional Court are functioning normally? It is accepted by all that this reform is not easy. It demands incorruptible judges. It was a great success that the vetting of prosecutors and judges expelled the corrupt from justice. There were not a few. 197 people. Freed from this gang of thieves justice is breathing freely. Drug lords and criminal groups have been tried and arrested. A SP minister was convicted. Another minister of the same party and a deputy are on trial for the incinerators. This had never happened before. Not even in Nano's time, much less in Berisha's time. Never before have party leaders, especially the DP, told its cadres that, if you have problems with justice, face it yourself. We do not protect you. Only Edi Rama did this and well done. This does not mean that corruption on the left no longer exists. Precisely for this reason, the people are not 100 percent satisfied with the achievements of the SPAK, especially with the National Bureau of Investigation, which has the task of vetting high-ranking politicians. Why start from the top realm? That Albania has rightly been called a CORRUPT STATE. Therefore there is no reason not to start the vetting process from the top of the iceberg. People say that the fish stinks from the head. The people are aware that some of them have exploited the post, making dizzying wealth for the conditions of Albania. Ç ' is it expected when the US State Department has put its finger on the wound and the relevant Bureau set up specifically to investigate senior politicians is silent or does the respondent? It has been 6 years since the word vetting started to be articulated in 2016. And how many more years will people have to wait for the people they voted for to show how they put up those properties? Wetting does not mean arrest. It means tell me where you found the financial resources for the property you have. This is more than normal for any democratic country. Even banks that are private should ask for a document, if they deposit an amount that seems suspicious to them. No, the state no longer has to watch. This is the impasse in our justice. For this the people are dissatisfied. In this context, I see the reaction of Prime Minister Rama for SPAK. He has no way of commanding them, because he is not in the competencies he has, but as prime minister and as a citizen he has the right to express his dissatisfaction because justice is being delayed for the investigation of the corrupt by the high elite. A total of 6 Presidents and 5 Prime Ministers (three of them were also Presidents). It is the task of the SPAK to determine how this vetting will take place. In illiterate order or by lot as judges are appointed. This would avoid the noise not why it started left or right. Even no one, including Rama, would have a mouth to criticize justice. Rightly both the people and the government demand that justice be faster and bolder. It would be better for the remarks that the Prime Minister has to make institutionally, but also by avoiding this practice, it is not that he has stepped on a rotten board. He has made it known to the people that it is not the Socialist Party that is responsible for not investigating the high elite of politicians. Mr. Kraja's answer was not complete and correct. He denies the duty of the Prosecution to initiate investigations even when there is no report. This does not mean that politicians should be silent about something that has remained in the polling station, since we are asking for intervention in justice ?! Even politicians can and should raise problems when they think that a very important issue like vetting for them is not finding a solution. . The people have chosen them precisely so that things in all sectors go well. It is not true that prosecutors work only on the basis of reports. All over the world they investigate with the tools at their disposal before corrupt affairs take root. They do not expect anyone to report any special and large villa, especially on the beaches, for a tender that smells of corruption, etc., they are starting the investigation themselves. This is what the people are expecting from our still belated justice. Had the National Bureau of Investigation handled the allegations well, there would have been no need to reveal that the SPAK's relations with the Executive are not normal. So there is something big that is not going on between those two powers. Where is the evil when the executive is openly saying that justice should start the investigation for the super corrupt who continue to give us morale. I do not know how they can prove that they only have them from their salaries ?! People are waiting worried why some corruption files such as January 21, Gerdeci, Privatization of the club "Partizani", etc. are being delayed so much that they can even be filed like many others. Remember the oil embargo file ?! No one can be punished for it. This means that thieves should not be punished, should be free and should enjoy the wealth put through various thefts and abuses. How could or should this conflict, which is not in the best interest of democracy, be resolved? It was up to the President to make the arbitrator. This is where the nail saw gets stuck. If we had had a normal president, completely impartial, it would not have been this situation where one fell on the nail and the other on the horseshoe. President Meta could not rise above the interests of his party. He became one with the opposition. He has repeatedly accused the government of being a gang of thieves. He has called on the people to take the forks and machete ostensibly to protect the vote. That was why Parliament proposed his dismissal. This is the reason why there is no smell of cooperation and interaction between the Prime Minister and him, but only the smell of enmity and mutual hatred. How can things go well for Albania when those we have elected to govern us democratically and peacefully want to eat each other alive. This hatred of high-ranking politicians is a stain of shame for Albania. HOPE FOR NORMALITY The hope that relations between the three powers will normalize has not faded. The first is the US that is in charge of our justice and the second, also very important is the role that will be played by the President or the President of Albania after July 24. If the Presidency is to insist on implementing the constitution, things will change for the better. The people are offended that the prosecutors and judges who were kicked out of the justice system for corruption, not only are most of them not penalized, but they enjoy the benefits of their property that they have done with the money extorted from the people, doing wrong . The question arises why SPAK did not act? In order to launch an investigation into X corrupt judges, a report is required from the persons he has extorted money from. Otherwise they have no way of being investigated. It is not contained in the law. In the whole democratic world, when this or that ruler can not protect his property, it is confiscated by law. We do not have that law. The corrupt politicians of both sides were not interested in keeping their finger on the pulse. It is definitely up to the new president to ask Albania to have that law like the whole of Europe. Another extremely acute problem for the President will be for the judiciary to immediately start implementing the Constitution for the vetting of politicians. They too are equal before the law. There is no reason for them to ignore the law in order to continue to be both corrupt and party or state leaders. Only a fair investigation will bring to light those who have served the people honestly. The pace of change that has already begun for the SPAK needs to be accelerated much further. The first successes are overshadowed when the people see that the corrupt politicians declared worldwide by the USA "NON GRATA" or others that the people talk about galloping wealth, from the rostrum of the People's Assembly,