FLASH
Shkruar nga Ylli Pata
If the SP tactically pushes it to the next Parliament, it gives the opponents a high-precision weapon to reinforce the accusation that they will target SPAK.
During the drafting of the legal corpus of the judicial reform, there was a general discussion of Albanian politics, so that there would be no superpowers of the special prosecution.
The type of what is given to judges of the Constitutional Court or the Supreme Court, who have large mandates.
This was noticed in the first discussions, and there were even discussions by representatives of DP and LSI at that time to create the so-called balance.
This was done by an Albanian policy that for 30 years created a monster chief prosecutor who had in his hands all the opening of major criminal cases against political leaders, but who was totally dependent on politics.
It seems with a skill, but also a cunning negotiation, the American consultants of OPDAT, or the Europeans of Euroalius, proposed that the head of the special prosecution against crime and corruption stay in office for 3 years. Meanwhile, the entire SPAK corps has a 9-year mandate.
The philosophical logic of this solution was very democratic and lies at the core of the justice reform. Where there is no longer a chief prosecutor, but a prosecutor with full powers for his file that leads to the court. The head of the corps is more of an organizational, logistical, and supporting power of the prosecutors' corps.
On the other hand, the temporary mandate, in all likelihood, was not made to leave the SPAK, namely the prosecutors, only 9 years in office, as it is very little the work of an institution to sneak up on the untouchables of a system that is almost armored 30 year abuse.
In all likelihood, this happened for 2 reasons; First, the Americans and Europeans have taken into account the risk that this force could fail. It has also happened in countries more democratic than ours, such as Romania, where the Parliament overthrew the counterpart of SPAK, or even in North Macedonia.
However, there is a mechanism here that no country has, which is ONM, that is, the international monitoring body that is a constitutional institution. And that is a guarantee to be near the new Albanian judiciary.
Based on this, it was quite expected that the extension of the mandate would be requested if, as they say, "a boy would come out". That this happened, not just with Duman's mandate, which sealed impunity, but also with Kraja's, which started working especially on the big fish of the Albanian mafia and drug trafficking.
It is not for nothing that Kraja, like Dumani who received an award in the USA, received one from Europe.
Now, that's a fact. The USA wants to extend for another 9 years the mandate of the current SPAK troop, which was made public by the high official of the USA, Alexander Kasanof. Who, after the public stance, met Edi Rama, where he probably made the official request for this proposal.
So far we do not have a political stance. The majority has not given a statement, neither has the opposition. We have only a few spondas, but visible with the spin of the media supporters of Sali Berisha and Ilir Meta.
Who strongly reject this proposal. But will the majority do it? Until now, the SP has not voted in the Assembly on SPAK's own request during the time of Arben Kraja to renew the mandate. At least with a political stance.
But if the majority comes out and openly opposes this American proposal, even though it can be smeared and washed with arguments, it overturns an almost 13-year investment, which is really the pillar that has kept Edi Rama's majority in power.
The chances are that the SP will finally accept it, and there are even indications within the majority structures that this issue will be presented to the Xhafa Commission, which even officially invited SPAK to bring its own proposals. But now that this proposal was made by the USA, it is up to the commission to elaborate it.
However, the current majority does not have the votes to approve it, it needs MPs from the opposition. If the SP tactically pushes it to the next Parliament, it gives the opponents a high-precision weapon to reinforce the accusation that they will target SPAK.
The majority is the political party most damaged by SPAK's investigations and yet it has been clear in the logic that it wanted this when it conceived and approved the reform in justice.
The ban now only takes away points, and it is unlikely that Rama will say no. And here, it seems, will be the next move, where he will test the new opposition, which is publicly pro-SPAK, if he will give the OK for the constitutional changes for the Americans' request.
This is expected to be the strongest movement before the 2025 elections, where it will likely decide a lot.
But, there is a good chance that it will be left for the last days before the dissolution of the current parliament, namely from March...
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