An Economic Marshall Plan along with Judicial Reform
By Genc Mlloja
Albanian Daily News
Published April 28, 2017

"I think that we are already passing a key stage of the
thorough reformation of the Albanian state which will have exactly the judicial
system as Archimedes' supporting pillar. The friendly countries have evaluated
that the governance in Albania should not only create internal and regional
stability, but should also be obliged to produce genuine democracy," the
Director General of Alb- Konfindustria, Gjergj Buxhuku told Albanian Daily
News.



In an exclusive interview, Mr. Buxhuku unveiled his ideas on
the reasons why the judiciary system has been incapable to carry out its
mission during the last 25 years of transition. He was of the opinion that
corruption and comfort of the governance and different sources and means had
made possible the rapid enrichment of the political class.



Mr. Buxhuku was also worried over the criminalization of
Parliament which has become open and not hidden, and all this, according to
him, happens because of the disfunction of democracy, and the thirstiness for
power of the incapable and corrupt politicians.



Asked on what he suggested to overcome the political crisis
and begin the implementation of the judiciary reform, Mr. Buxhuku considers as
indispensable the aid of internationals and suggests three stages, that is the
holding of elections on June 18 this year in any case even without the
participation of the main opposition, completion of all the remaining part of
the judiciary package by the new Parliament, and the holding of early elections
within the spring of 2018 with a genuine technical government.



But, according to him, any step of judicial reform should be
accompanied by a strategy of economic, financial and integrating aid for
Albanian citizens



"It is indispensable a comprehensive financial aid
program, integration in the EU job markets and quickened integration in EU.
Otherwise either we will have unrest and continuous social instability or will
have 500, 000 Albanians in immigration towards EU! I am afraid that EU has not
taken into account this effect of the reform in justice and I invite them to
reflect as soon as possible" said the top official of Alb- Konfindustria
in the following interview: 


- Which is your point
of view on the current political situation in Albania as a well- known expert
in economy and also due to your experience in central state institutions?



 - I should say that
the current political situation is a natural result of everything that has
happened during the 25- year history of the Albanian state- forming, the
legacy, the economy and the international geo- strategic developments.



During all these years of transition we could not build a
functional democratic state. But also we had no objective possibility for many
reasons to build functional democracy. Everything was formally democratic but
it was fundamentally pseudo- democracy.



Nevertheless, the 25- year exercise has been useful for
three main reasons: adaptation and recognition of the principles of the
democratic state; the identification of the nature of the illness; the
definition of the curing medicament which, in this case, is the partial or the
total delegation of the judicial power to the internationals.



I think that we are already passing a key stage of the
thorough reformation of the Albanian state which will have exactly the judicial
system as Archimedes' supporting pillar. The friendly countries have evaluated
that the governance in Albania should not only create internal and regional
stability, but should also be obliged to produce genuine democracy.



As far as this is concerned the internationals also are
aware that they should be directly present in decision- making and not only
search it through the local politicians be them even missionaries or self-
labeled as such by themselves. I underline that without the intervention and
help of the friendly countries Albania's entire political scene neither wished
nor could build a true democratic system. 


- Why do you assess
that Albania does not have the possibility to build a genuine democratic
system?



- There are many objective reasons but I would single out
one which, according to me, is determining: the economy and the need for
survival of the Albanian people during the transition years.



The destruction of the totalitarian and anti-democratic
system, the massive poverty etc. determined the survival of the Albanian people
through all the possible ways. Many were illegal activities and a significant
part had criminal character.



First of all, the need for survival of the citizens
determined the pseudo- democratic nature in a large number of the state
institutions, which were formed in continuity, including here the judiciary
system with clear elements of corruption and incapableness which climaxed to
criminalization.



But I point out once more that the judiciary system was
created and build as such by the political decision- making in face of
subjective and objective impossibilities to provide its citizens with the
living possibility through legal means. It should be also added here the
corruption and the comfort of the governance without considering the sources
and means that made possible the rapid enrichment of the political class. 



Naturally this continued until the disfunction of democracy,
and the thirstiness for power of the incapable and corrupt politicians made
that criminalization become open and not hidden even in the Albanian Parliament.
And here we are today!


- According to you,
which is the defect in the Albanian terrain of the package of the judiciary
reform proposed by internationals and how can it be improved?



 - I think that it has
two main defects. Firstly, their presence should be direct with foreign staff
in courts, prosecution, police agencies, decision- making and monitoring
institutions of the system and not indirectly with Albanian. This should happen
for at least at the second and third levels of judiciary (Court of Appeals and
Supreme Court) and that period should be not less than 10 years.



Secondly, it should be accompanied with an economic Marshall
Plan for Albania which should function in parallel with the implementation of
the reform in judiciary. 



If we simply think and take into consideration that at least
30 - 40 percent of the Albanian economy is informal and a considerable part has
even criminal nature, you can realize what impact has the implementation of the
judiciary reform on people's survival.



It is indispensable a comprehensive financial aid program,
integration in the EU job markets and quickened integration in EU. Otherwise
either we will have unrest and continuous social instability or will have 500,
000 Albanians in immigration towards EU!



I am afraid that EU has not taken into account this effect
of the reform in justice and I invite them to reflect as soon as possible.


- How do you think of
an eventual and acceptable scenario to overcome the political crisis and begin
the implementation of the judiciary reform? 



 - I think that the
most probable is the implementation of a process in some stages:



 - The holding of
elections on June 18 this year in any case even without the participation of
the main opposition.



 - The completion of
all the remaining part of the judiciary package by the new Parliament and its
entering into force.



 - The holding of
early elections within the spring of 2018 with a genuine technical government.



In such a case the interests of parties and main political
individuals, but also of the internationals can be realized. Naturally, there
will be politicians and political forces that will lose, but the Albanian
citizens will be the winners.



Certainly, it would be hoped that the internationals will be
capable to build an accompanying strategy of economic, financial and
integrating aid for Albanian citizens and not only the implementation of a
reform in judiciary as a means in itself and as a theoretical exercise without
taking into consideration the effects in the terrain.





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