“Parliament’s Inquiry Commission’s Findings Strictly Juridical”

As far as eventual cabinet’s changes are concerned, I believe that in function of coalition’s performance, maximization of votes and increase of the governing competence, cabinet changes are welcomed at any time, said Alibeaj

TIRANA – Democratic Party (DP) lawmaker Enkelejd Alibeaj has declared that in function of the coalition’s functioning, maximization of votes and increase of the governing performance, cabinet changes are proper at any time.
The Parliament’s scrutiny on the former deputy chairman of the High Council of Justice, Kreshnik Spahiu will focus on cardinal matters that consist in the huge deformation he has caused to the justice system, the chairman of the ad-hoc inquiry commission Enkelejd Alibeaj said.
“This commission will serve as an example of the accountability of HCJ elected members vis-à-vis the elective body,” Alibeaj said for daily “Shqip” on Sunday in the following interview:
- Why did the majority demand an extension for the mandate of the ad-hoc parliamentary commission of inquiry on the performance of Kreshnik Spahiu. What is the value of the commission’s findings now that Mr. Spahiu has resigned from the post of the High Council of Justice deputy chairman?
- The inquiry commission is not an activity of the Parliament that is focused specifically on Spahiu as individual. The focus of the commission’s scrutiny will consist in the verification of facts and circumstances for the dismissal of a state’s official (if there exist the conditions for that), but above all it aims to verify and eventually correct the huge deformation that Kreshnik Spahiu has brought not only to the justice system, but also to a constitutional institution. It is sufficient to say that this citizen has used his position as deputy chairman of the HCJ for political activities, at a time when the legislation in power strictly forbids it. In other words, this is the true purpose of the inquiry commission. It is not simply about ‘eventual punishment’ for the violation of the Constitution by the citizen, Kreshnik Spahiu.
The Parliament engages in cardinal matters, such as the deformation of the justice system by this individual. This inquiry commission not only will find out at what extent this person has ‘politicized’ this apolitical function, but also it will correct the damages made in the judiciary and will restore the Parliament’s dignity and the well-functioning of state institutions. Last but not least, this commission will serve as an example of the accountability of HCJ elected members vis-à-vis the elective body.
- At a time when the Parliament is scrutinizing Spahiu for abuse with duty, he was officially invited by the US State Department to meet congressmen and senators, and has declared the establishment of a new political force that will run in the parliamentary elections of 2013. What is your comment?
- The inquiry commission is certainly investigating and certainly it will present a final report in two weeks. I am not sure that this citizen was invited by the US State Department or congressmen (to show support for his attitudes!!!)! Notwithstanding all the above, the inquiry commission and the Parliament of Albania have the constitutional duty to exert their constitutional competencies.
I am sure that a constitutional approach is what the Department of State or any member of the U.S. Congress expects from a democratic and constitutional system such as ours. I don’t want to comment on the roaming of citizen Spahiu, notwithstanding their destination, but I want to emphasize that the objective of the inquiry commission is not simply to draw a conclusion on whether a state official should be dismissed or not, but its main challenge consists in being prudent, mature and free of political emotions during its scrutinizing activity. I don’t exclude the fact that an inquiry commission is established on a political premise, but I can guarantee that its findings will be strictly juridical. This is exactly what we are trying to do: draw conclusions basing on the facts, or else on Mr.Spahiu’s performance.
- Is the scrutiny of Spahiu’s performance at head of the HCJ related to the ‘fear’ that the majority might lose votes in the next elections because of the new political force that he is establishing, as well as because of the new party that the current President Bamir Topi is planning to establish when he steps down from the presidential office?
- The Democratic Party is the leading party of the ruling majority. If it would degrade in the conditions when it fears the emerging of new political formations, like you are assuming, this would be the disgrace of democracy in our country. The possibility to establish a new political force in Albania is one of the greatest achievements of the democratic system installed in this country. Even fact that there doesn’t exist even a theoretical possibility to hamper the creation of a new political formation is an achievement of the Albanian political and juridical system. Hence, not only me, but even the inquiry commission of the Parliament of Albania, and no one else, has any instruments to hamper the emerging of a new political force in the political scene.
Therefore, I would like to emphasize that the inquiry commission is not an intimidating instrument. On the other hand, in order that a political movement exists, it must fulfill three basic conditions: a serious social cause, a serious human structure and a serious statist memory. The cause of nationalism is old-fashioned in the era of integration. Even an approach that aims to evoke the Albanian nationalism with pathetic speeches similar to those of the HCJ deputy chairman Kreshnik Spahiu is outdated.
- Has the electoral campaign started for the Democratic Party in terms of constituencies’ division among lawmakers and the latter’s mobilization for the next parliamentary elections?
- Not yet. Or more precisely, perhaps it will not be necessary, because the current DP members of Parliament already know in which constituencies they must exert their political activity. Of course, the next political elections are a test of the political performance of each lawmaker in the constituency they represent in Parliament. It is for this motive that the majority lawmakers, particularly those of the Democratic Party are aware of the political front they belong two from the moment they were elected, or else in June 2009. You should not expect a re-distribution or “remobilization”. We were and still are in a permanent situation of political mobilization. The process of the communal councils’ establishment, following the local elections of May 8, 2011, was a demonstration of this constant state of alert. I can guarantee you that the same is valid for the next political elections. Keeping in touch with the people, their problems, requests and complaints is the “daily bread” of majority’s lawmakers.
- Recently media have speculated about eventual changes in the government as a result of the cabinet’s reshuffle in function of the junior allies. Do you think this is the appropriate moment for that and do you agree that the cabinet should be reshuffled from time to time?
- These are two questions in one. First of all, as far as the eventual cabinet’s changes in function of junior allies is concerned, I believe that in function of coalition’s performance, maximization of votes and increase of the governing competence, cabinet changes are proper at any time. However, I believe that the best indicator for the representation of the electoral forces in a ruling coalition is not related with the frequent cabinet changes. I would even say that a ruling cabinet should change as less frequently as possible, in order to create political and human cohesion in a governing team that is committed to fulfill the governing promises as far as the executive is concerned. Under these circumstances, if members of the ruling coalition wish to complete their representation in the government, this must happen.
It is a matter of time and requests that allied parties have addressed to the Prime Minister. I can guarantee that the Prime Minister has always been ready and serious in assessing and fulfilling the allies’ demands. However, government changes are not a goal in itself. A government’s performance is collegial. Often it is identified as the performance of Prime Minister and therefore it is the latter who decides the time and the extent of eventual changes. (Daily Shqip, February 19, 2012)

Last edited: Monday, 20 February 2012

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