11/12/1997
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Koha Jonë

11 December 1997

We want an Italian protectorate

Interview with Prime Minister Fatos Nano in the Italian daily “La Repubblica” We want an Italian protectorate “The only buildings still in good condition are those built during the Fascist era” Page 3

The Constitutional Court acting unconstitutionally

BY MENTOR KIKIA State institutions continue to experience a crisis following the clash between the legislature and the judiciary a few days ago. Disputes between the Constitutional Court and Parliament have now entered the realm of open accusations, where their political nature can no longer be concealed. According to lawmakers, the Constitutional Court appears, with its recent decisions, to have assumed their powers. But how and why did the major clash occur—which seems to be unique in the history of law in many countries—and, moreover, how can it now be resolved? Rotation on the Constitutional Court is expressly stipulated in the main constitutional provisions. But the delay in carrying out this procedure led Parliament to adopt a decision compelling the Constitutional Court to take precisely this action. Three judges, selected by lot, should have made way for three others. And, according to them, this had already happened more than two years ago, when three judges had resigned and been replaced by three others. But Article 23 of the Constitutional Provisions states that judges who leave office because they resign, become ill, or are appointed to a position incompatible with the duties of a judge are replaced, and the new judges remain in office until the term of the person they replaced expires. According to jurists, this means that if the lot for replacement falls on the person who took someone else’s place—in other words, the new judge—then that judge must leave office. Such an action, therefore, cannot justify carrying out the rotation. To reinforce this point, the Constitutional Court itself issued a ruling in June ’95, one section of which states: “The three judges selected by lot must be replaced, regardless of the grounds set out in Article 23.” And it is these very judges who issued that ruling, who do not consider replacements made following departures for the reasons mentioned above to constitute rotation, yet today have issued another ruling, deeming the “rotation” of replacements lawful. Meanwhile, according to jurists, another violation appears to be the act of judging oneself. One of the articles of the provisions emphasizes that international law is recognized and accepted, and international law allows for the possibility of a court judging itself. In any case, this has now happened, and the question is how the situation will be overcome. The constitutions of some other countries provide that when the legislature and judiciary clash in this way, Parliament intervenes and decides by a two-thirds majority whether or not to accept the Constitutional Court’s decisions. This is not provided for in our provisions, and for this reason politicians have been compelled to seek a compromise, even though the judges have now reported Parliamentary Speaker Gjinushi, while the latter has called for the judges’ files to be opened.

Drugs rock Tirana; 36 people arrested

A drug user taking a dose of heroin. Photo: REUTERS

Two 17-year-old girls take their own lives

Rare incident at Hotel “Arbëria” Two 17-year-old girls take their own lives Poison in their room because their boyfriends had left them. One is found dead, the other in a coma Two 17-year-old girls commit harakiri in a hotel room. Two teenagers were found yesterday morning in a room at Hotel Arbëria, one dead and the other in a coma. According to the police’s initial investigation, the cause is believed to have been a moment of depression they experienced after being abandoned by their boyfriends. One was found dead, while the other was rushed to the toxicology clinic at the military hospital. P. 7

Accusations against the Italian embassy spark a clash in the government Visas: Nano needles Ceka P. 3 PD says “no” to invitation to the anniversary of political pluralism Berisha declines Meidani’s invitation P. 4 Reorganization of the Ministry of the Interior, with prefectures Nano wants to appoint police directors P. 11 Minister of Justice meets Council of Europe delegation Albania: No to the death penalty P. 7 Hundreds of police officers mobilized for fear of an attack Military base in Dajt attacked P. 6