Discussion in the People’s Assembly: Deputy Fehmi Abdiu, speaking on behalf of the Socialist Party parliamentary group, on the draft law: “On Certain Amendments and Additions to Law No. 7491, dated 29.4.1991.” Today’s session has its own distinguishing feature. The draft law on the organization of the justice system will be examined, a draft which, in terms of its volume, constitutes one quarter of the future Albanian constitution. The special importance of this part of the constitution concerns the overall reform of justice, in the field of justice, which has social and legal consequences for the whole of society aspiring to a true democracy. This reform entails a definitive choice and the separation of the judicial power from the legislative and administrative powers, a principle on which statesmen and renowned legal figures expressed their views more than a century ago. It echoes the complete independence of this power, in order to protect the administration of justice from any influence that might arise and be deemed necessary. In other words, it is an effort to ensure that this type of power remains uninfluenced by any pressure or interference. But by this I wanted to suggest that we should not misunderstand the “independence” of these bodies as independence to act arbitrarily. It is independence from every body and organization, but dependence on the highest authority, the law, which stands above everyone and to which everyone must submit. In particular, I would emphasize the following points for everyone in this field: 1 - For the first time in Albania, a Constitutional Court will be established, which will be regarded as the final barometer for assessing the appointment, transfer and disciplinary responsibility of judges and prosecutors. Free from any influence by political parties, government bodies or the administration, this authoritative body, chaired by the President of the Republic, will also serve as an arbiter, both to study and monitor the development of the staffing of these bodies and to protect them from pressure by other branches of power, pressure which, unfortunately, they have continually experienced in their work. 3 - For the same purpose, the draft preserves a proper balance between the legislative and judicial powers. A solution has been adopted which seems debatable to us. It is envisaged that the People’s Assembly shall have the right to elect the President of the Supreme Court, on the proposal of the President of the Republic; to elect the members of the Supreme Court; to elect some of the members of the Constitutional Court; and (again on the proposal of the President of the Republic) the Prosecutor General and his deputy. However, in order to ensure complete and definitive independence, we believe that the Supreme Court should be appointed (its president by the President of the Republic) and its deputy president and members by the High Council of Justice. Thus, neither would this body have the right to decide on the appointment or dismissal of these persons. Reflection in this regard is significant, since it both avoids the risk of direct or indirect influence by the legislative power and addresses the judicial power as well. 5 - It is essential to clarify for Albanian and foreign public opinion that the draft presented is neither the work of a few days nor the work of individuals. In fact, although it is presented by a group of deputies, it forms an integral part of the draft constitution prepared a year ago by a commission of the previous Assembly, and discussed in international bodies as well, particularly with “Democracy Through Law” of the Council of Europe. Without any jealousy about the name under which the draft was presented, we submit that the group of deputies who initiated it should have prepared their initiative in accordance with Article 43 of the Law “On the Basic Constitutional Provisions,” in which they should have set out their reasons for supplementing the law, since in fact it refers only to draft amendments and not to the addition of new sections. 6 - Because of the conditions Albania will face in the decades following its change of system, concepts of democracy in this field, too, will have to be developed and refined. For this reason, I think our country and people have an interest, on the one hand, in preserving the ideas and work of capable and honest specialists and, on the other, in creating an opportunity for young people to enter this body again, without further delay, so that we may achieve a balance between generations of capable people able to carry out this important task. Therefore, I would suggest that the terms for being elected members of the Court of Cassation (n. ... as in ... now? ... Germany ... democracy ... Europe ... available ... within the framework of ... implementation ... ... ... has been protected ... by the Constitutional Court, which will serve as ... the final barometer for rigorously monitoring compliance with the Constitution and the law, with the sole obligation of remaining faithful to the Constitution. This impartial arbitral body will provide its guidance on the balance of Albanian legislation. This body, under Article 26 of the draft, will have significant powers: it interprets the Constitution and constitutional laws; rules on the incompatibility of laws and acts having the force of law; rules on the incompatibility of constitutional acts with the Constitution and the law; resolves jurisdictional disputes among the three branches of government; rules on disputes involving political parties and other political organizations; resolves matters concerning the legality of the election of the President of the Republic, the election of members of parliament and popular referendums; examines criminal charges brought against the president, etc., etc. 2 - The independence of the judicial branch is given effect through its actual implementation by establishing the High Council of Justice, which will be the sole authority to decide on appointments ... ... under the law, which is able to ... protect the rights of this Assembly. In particular, among the ... that will be achieved in this field, the following should be emphasized: 1 - be established, legislation. 4 - Therefore, and convinced that the project’s fundamental ideas will be welcomed and approved, I would suggest that the government of Mr. Meksi reflect them in two respects in the program presented a few days ago (and approved by this Assembly): First, that body should not undertake objectives for reforming the justice institutions, since this right, as is also apparent from the submitted project, belongs partly to the President of the Republic, partly to this Assembly and, for the most part, with regard to institutions at the local level, to the High Council of Justice. Likewise, a modern constitution and numerous other codes and laws must be drafted; their creation is the responsibility of institutions at the local level, of is the responsibility of institutions at the local level, of the High Council of Justice. ... the ... and the deputy chairman and members by the High Council of Justice. Thus, this body too will not have the right to decide on the appointment and as it legislative branch over the judicial branch. 4 - High Council of Justice. Likewise, further reforms to Albanian legislation must be carried out; they are the responsibility of this Assembly.

— Albania will be granted an additional 35 million dollars in aid — LETTER FROM MR. JAMES BAKER TO PRESIDENT BERISHA Dear Mr. President: Please accept once again my warmest congratulations on your magnificent and well-deserved victory in the Albanian parliamentary elections. This was an important victory, not only for you and your party, but also for democracy and the establishment of the rule of law in the Balkans and in the new Europe. Albania has joined the other countries of Eastern and Central Europe in choosing the path of historic change. I need not tell you of the great responsibilities entrusted to you by the Albanian people. The United States of America are pleased that you are moving quickly to meet the great challenges before you. We understand what these challenges and difficulties mean for your citizens, but the Albanian people and the other peoples of the region will benefit from your success. The United States of America attach great importance to your success. We are prepared to help you by continuing our assistance for your project to reform the country. I personally wish to inform you that we are ready to announce an additional aid package of 35 million dollars, including a 23-million-dollar agricultural development program, a 10-million-dollar Food and Development program, and 2 million dollars in technical and humanitarian assistance. As you know, since August we have delivered 26 million dollars in aid to Albania. In addition, I am pleased that recently we engaged with the new government in discussions concerning requests for a waiver agreement (Mekson–Vanik), as well as a bilateral trade agreement, to normalize U.S.–Albanian economic relations as quickly as possible. I hope we can also move forward quickly on granting Albania most-favored-nation status. Toward the end of May, I will send Deputy Secretary Lawrence Eagleburger, coordinator of U.S. assistance for Eastern Europe, to Tirana to assess Albania’s urgent needs for assistance. Mr. Eagleburger’s visit demonstrates the importance we attach to supporting democratic and market reforms in Albania. You assumed your duties at a crucial moment not only for Albania but also for the surrounding region. We must not allow the prospects for peace, stability and democratic development to be set back by the serious problems we face. We share your concerns about the democratic and human rights of the Kosovars. We know that you understand our view that this issue should be handled prudently. We will continue to press Serbian leaders on the rights of ethnic Albanians in Kosovo. We very much hope to work with you and the new democratic government to ensure that Albania succeeds in its vital and historic transformation. Once again, please accept my warmest regards. Sincerely, JAMES BAKER His Excellency, Mr. Sali Berisha President of the Republic of Albania T I R A N A

Selected excerpts from the telegrams people send to the President Mr. President! We wish you success in your duties and good health, for the good of democracy and the Albanian people! Please forgive us for troubling you, but we are compelled to do so. We are 70 families from the village of Qaterom in the Korçë district, who came to this village in 1946, and some in recent years from villages in the Korçë highlands. We have worked in this village together with 100 local families in this cooperative and have contributed together to cultivating the land; as is known, we received 7–10 lekë per workday. With the dissolution of the cooperative and the passage of the land law, some refuse to implement the law on land distribution, whereas we support the law. This has meant that the land is not being divided, and we have not planted even a single piece of land and do not know how we are going to live. The members of the district’s pluralist executive committee are fully aware of these disagreements; we have approached them several times, but this problem has not been resolved. The problem is extremely troubling. We are emotionally shaken, and the situation has reached the point where extraordinary incidents may occur between the two groups. We feel it necessary for a response to be given through Radio Television.

As for the interview published in two issues of “RD” by the right-wing faction of Pashko, anyone can express their views. Indeed, several interviews could be done about it. I would like, however, to briefly state a few thoughts, and I do so because he is replying to “The People’s Voice.” Otherwise, there are so many problems that it is not worth wasting time dealing with the harshness and language of his reply. No journalist at “The People’s Voice” has acted on the notion of “rushing to defend Gramoz Pashko.” These newspapers’ position has been and remains the same. In fact, one of us has criticized him for his tricks and lies in the New Block. In my opinion, every journalist—and indeed every judge—should support a suggestion when it seems right to them. If one of our pens has at some point taken aim at Gramoz Pashko, does that mean that person is flattering him so he will become a socialist? They are mistaken—not only those who ask provocative questions, but also those who answer by offering advice in unbecoming language. Someone said to me: “Leave Gramoz Pashko alone, don’t concern yourself with him; who knows where he is today, perhaps travelling around Europe with his family...” That is precisely what compels me neither to offer advice as he does nor to offend someone who, in his interview, says several indisputable truths, but rather to criticize all “those” who roam the world with the people’s dollars. And it is regrettable to hear it said that “it was I who got Albania accepted into the EEC, the IMF, the World Bank...” It is even more surprising that he points out: “many countries, including Russia, are not members.” But why not mention, for example, Slovenia, Croatia, Estonia, Lithuania, Latvia, or...? I wanted to give my answer, but a colleague interrupted me and said: “Leave Mr. Gramoz his fairy tales, because the people can no longer be put to sleep. It is spring, and the hot sun has begun to ripen the cherries; later it will ripen the figs, pears, grapes and...” In the end, whatever happened, whatever was achieved: Can we bring our minds and hands together (without ever serving personal or party resentments) for Albania?

Appeal by the eurosocialist graduating students of the capital’s secondary schools ... of the eurosocialist graduating students of the capital’s secondary schools — We are the eurosocialist graduating students of the capital’s secondary schools, and we are seeking alternatives ... and democratic socialism, ... for our role in ... We will ... the First Congress of ... ... we wholeheartedly supported this decision, convinced that holding the congress would give new impetus to progress. This support is entirely logical, especially after March 22, when once again we became convinced that we had chosen the most suitable alternative, which has been incorporated into the Socialist Party’s program. We became convinced when we saw that the PSSH demonstrated culture, tolerance and intellectual potential in its political struggle. What is ours is far removed from any development and act of Abraham... This Congress will have ... (Continued on page 2)

History from New Perspectives - Realistic judgment, a civic attitude and an objective view of the past do not express nostalgia, but demonstrate a nation’s patriotism and cultural level; they express the people’s genuine commitment to the path toward true democracy and general social progress. The history of our nation, one of the oldest histories in the corpus of European and world history, is for us Albanians a medal of pride with unique value. But it is also a lasting monument and symbolic support; it has borne witness to the changes in Albanian culture and vitality, and to ... of all ... of civilization. Seen in this context, national history, including that of the last 50 years, also has ... values ... without ... claiming ... ... its ... which no individual or particular social group, not even a party, can ever ...; we think it is worth discussing what the history of this half-century represents for us Albanians. We emphasize this subject because throughout the period of political pluralism, tendencies—and even organized initiatives—have been observed which, more often than not, have been contradictory, degrading and dismissive. It is true that the 50-year period under review is rightly open to criticism and scrutiny, but that does not mean it should also be the target of unrestrained attacks and denigration—as if Albanians had not made that history. The ... of history and materialist and dialectical scientific objectivity cannot accept impassioned and amateurish judgments, sometimes even malicious ones, which not only stain ... The past and judgments about it There are three most clearly defined positions held today toward the past 50 years. For a particular social grouping, the entire period from the beginning of the Second World War, especially from the founding of the Albanian Communist Party on November 8, 1941, through March 22, 1992, is something else—but a dark chapter that brought this country nothing but ruin and destruction. This grouping, represented by some people allergic to the past because of their anti-communist blindness—some of whom were themselves communists, even among the most devoted—falls into absolute nihilism and backwardness in its judgment. Certainly, not all supporters of this group believe what they preach, but they adopt such a position to use the period in question as a springboard for gaining political credibility in certain party circles or even anti-Albanian ones. They say that the past 50 years are a dark void, but forget that they themselves are products of the time they deny. History cannot be denied. Nor can it be chopped up at someone’s whim. If historians divide it into periods, they do so for the purposes of study and comparison, not to remove one part and manipulate another. To deny a nation’s history is to envisage its separation from its past, because there can be no future without history. ... (Continued on page 4)