The Socialist Party has begun to affect the fundamental laws of justice reform, with a series of changes that gradually undo the institutional balances built after 2016.
With the votes of only the majority, and in the total absence of the opposition, the commission led by Fatmir Xhafaj has approved in principle two important draft laws that affect the manner of election and tenure of the heads of first instance and appellate courts.
The most controversial change is the automatic extension of the term of office of current court leaders until the end of 2028, if successors are not elected. This initiative, supported by SP MP and former vetting officer Olsi Komici, is argued as a solution to avoid institutional gaps, but in reality paves the way for lifelong leaders and prolonged majority control over the judiciary.
The objection came immediately from the Union of Judges of Albania, which described this intervention as a serious violation of the powers of the High Judicial Council (HJC), the institution that according to the law has the exclusive right to determine the rules for selecting court heads.
However, Fatmir Xhafaj, the architect of the reform and the man who returned to intervene in this process, did not back down from the changes. He justified himself by saying that the proposals had also been approved by the European Commission, adding that they do not affect the essence of the laws, but “improve their proper functioning.” But it is precisely this type of “improvement,” where deadlines and appointments are kept pending for years, that raises suspicions of political capture of the judicial system, through leaders appointed for years to key positions.
The draft law already approved by the Xhafaj committee will also be reviewed by the Laws Committee headed by Ulsi Manja, before going to a vote in the plenary session.
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