FLASH
Shkruar nga Pamfleti
The mandates do not match and the special structure risks being left without the prosecutorial body that leads it, creating an unprecedented void in the architecture of justice...
Altin Dumani, Mirela Bogdani and the political elite have postponed the process for 3 and a half months to finalize the name agreement, while the new mandate of BKH conflicts with the existence of SPAK itself.
After three and a half months of procrastination, the head of SPAK, Altin Dumani, the head of the High Prosecutorial Council, Mirela Bogdani, and political leaders and the oligarchy, in collaboration with each other, have closed the bargain for the name and appointment of the director of the National Bureau of Investigation.
In the official announcement of the KLP, Mirela Bogdani announced that SPAK's proposal for the head of BKH will be discussed and put to a vote at the plenary meeting on December 9, 2025. The announcement is formally regular, but creates a constitutional absurdity regarding the term that the new director of BKH will have in relation to the mandate of SPAK.
According to the additional package of the Constitution for the organization of special justice bodies, SPAK has three more years of mandate left. If the Parliament does not extend its mandate, SPAK will cease its activity as a special prosecutor. Meanwhile, the director of the National Bureau of Investigation will be appointed for five years, two years more than the remaining mandate of SPAK, although these are two parts of a single structure that have the same task: investigating corruption and organized crime.
SPAK's 9-year mandate ends in December 2029. Meanwhile, BKH has a mandate until December 2031, creating the absurd situation where only half of the special structure remains active.
Who will the National Bureau of Investigation report to when SPAK no longer exists? How will it investigate and what will it investigate? Who will sign the authorizations and who will represent the prosecutorial function?
Given the reality of Albanian politics, where the government violates the Constitution according to its own interests, it is not excluded that the National Bureau of Investigation will cease to function together with SPAK. This signal has already come from Edi Rama and Sali Berisha, as subjects of investigation along with their families and clans, who show a direct interest in weakening the special structures.
The process of appointing the director of the BKH has not been delayed by a lack of documents or procedures, but by political bargaining and the coordination of interests over the control of investigations. The day the KLP voted on December 9, it was clear that the bargaining had ended. Only the future of the BKH in a justice architecture where SPAK may no longer exist remains unclear./ Pamphlet
Lini një Përgjigje