FLASH
Shkruar nga Lorenc Vangjeli
Even where it seems that the constitution does not provide a solution either in letter or in spirit, there is a higher constitution, written by the European tradition and not yet recognized in Albania, that mandates different solutions.
Can the activity of a member of the government be suspended? Does a judge and a prosecutor have the right to remove a deputy minister or a deputy minister from office? Has the special court violated the powers of the prime minister when requesting the suspension of a cabinet member? And above all, is there a fracture in the principle of separation, control and balance of powers? Driven by interest and riding on different interests, Edi Rama and Sali Berisha give opposite answers. Much more elegant than Berisha, Edi answers with no! Much more aggressive than Rama, Saliu answers yes!
The two politicians, on a collision course with justice, subsequently dictate the entire course of the public debate in Tirana. Behind them, according to their faith in one or the other and above all, according to their own interests and, in many cases, even selfish and financial interests, sometimes as gossiping devils, sometimes as innocent fools, many public voices are recruited into the trenches of attack and counterattack against the facts that they treat as opinion.
All of these are important dilemmas. Their possible solutions will have an extraordinary impact, not only in the foreseeable near future, but also for much beyond it. They are connected both to the individual fate of Mrs. Balluku, and to the relations and boundaries between constitutional powers in Albania. The entire system is under tension and is testing itself.
And this happens in every democracy, it is also happening in the problematic Albanian democracy. But, and here there is a big "but", the paths to the truth are endless. Knocking on the Constitutional Court as the only authority to be the arbitrator in this dispute is just one of them. Edi Rama, as prime minister and not as an individual, is within God's right to demand an explanation.
And yet, if not only premature, this is, at least, not the first knock on the door that should be opened. There is a great misunderstanding that comes from using the right tool at the wrong time. Any surgeon would fail if instead of a scalpel he were forced to use a crowbar. The crisis created is not a legal crisis. It is first and foremost a political crisis. And a political crisis cannot be resolved by legal means. Even where it seems that the constitution does not provide a solution either in letter or in spirit, there is a higher constitution, written by the European tradition and not yet known in Albania, which orders different solutions.
It is the moral and political constitution. Which “in spirit and in letter” states that a cabinet member who is criminally charged, especially with the status of a defendant in a criminal trial, resigns and faces justice as an individual. And if this does not happen, then the prime minister decrees the dismissal and goes to the presidency to notarize his constitutional and political will. There is no need to quote Columbus, who accidentally discovered America, to reveal his proverbial egg behavior in this local mess that has befallen Tirana this time.
Everything else resembles the old man's prayer in winter, "Buy a day and live!". Erion Veliaj, another end of the clash of powers, is an example of the dysfunction of this principle. Of the attempt to resolve the political crisis by legal means. The individual fate of the mayor of Tirana could have been completely different if he had fought his battle from a position of moral resignation as a political and moral act on the day of his arrest. This act, despite the fact that it would seem like a loss at the moment, would be invaluable capital in a possible second, political and moral rebirth of Veliaj. "That's how they do it in Paris!", Leon, a friend of Madame Bovary, once said to him, as he tried to run his hand under the lace of her cleavage.
This is how it happens in Europe! There is no other alternative. The scenarios are prescribed, regardless of the names of the actors who have staged the drama of the day in Tirana. Even if the Constitutional Court decides to suspend the suspension of Ms. Balluku, there will be a continuation of the proceedings and perhaps even an increase in the coercive measures against her. Even if the Constitutional Court claims that it is helpless and uninvested in intervening at this stage of the investigation, since all the levels of judgment of Ms. Balluku's legal status have not been exhausted, this will only be a projection into the future of today's predicament.
In all cases, one can easily invoke the ancient Chinese advice: "When you feel the hot breath of the "enemy" on the back of your neck, when he breathes in your ear and you hear him groaning, stay still and don't move! If you move, just please the "enemy!"."
Lini një Përgjigje