The Constitutional Court is afraid to defend the law, afraid to prove its independence, afraid to bring to light the evidence of democratic emancipation, afraid to break free from the clutches of the party Where has the Constitutional Court complained, and in what way is the Supreme Court proceeding through it? On 10 July 1993, Parliament decided to dismiss 7 members of the Court of Cassation, including its chairman. On the same day, the decree for the appointment to the vacant seat left by the dismissal of four judges was to be presented to the Chairman of Parliament. On the other hand, the decree of the President of the Republic for the appointment of four members of the Constitutional Court was submitted to Parliament. On that same date, 10 July, Parliament decided to appoint 4 members of the Constitutional Court. This court was supposed to examine whether the law on the dismissal of 7 members of the Court of Cassation was compatible with the Constitution. Instead of carrying out this task, it chose a different path. In its decision, the Constitutional Court did not examine the substance of the matter, but dealt with procedural interpretations and with evasion of the main issue. It did not clearly state its position on the legality of the parliamentary act, but it gave the impression that it did not wish to enter into conflict with the political majority. This behavior entitles anyone to think that justice is frightened. In a state governed by law, the constitutional court must be the most independent, the most courageous and the most determined institution in defending the law. If it is afraid of political pressure, then the citizen loses trust in the state, in justice and in democracy. It is not enough for institutions to exist formally; there must also be the will to act in accordance with the Constitution. Concern grows even greater when attempts are made to present as a technical conflict a matter that is clearly political and constitutional. Here we are dealing not only with the fate of a few judges, but with the very standard of separation of powers and with the relationship between justice and the party. Justice cannot be free if it is afraid. And when justice is afraid, the law remains without protection. (Continued on page 3)

The State Council of the Constitutional Court [?] apparently had long ago decided to annul Parliament’s decisions on the dismissal of the members of the Court of Cassation. This position was expressed privately, even before the judicial review began. This makes the suspicion of a prejudged process even more serious. The way the case was handled in the hearing, the avoidance of debate on the substance, and the insistence on clinging to procedural form show that a path was being sought to justify a predetermined decision. If the institution that is supposed to guarantee constitutionality acts like this, then public trust in the rule of law is seriously damaged. ILNIA M. NAMA

Yesterday, a meeting was held at the headquarters of the Socialist Party in Tirana with the heads of branches and representatives of local structures. At the center of the discussion was the political situation created after the Parliament's recent decisions and the position the opposition should take. The participants focused on the need to strengthen organization, maintain closer ties with the membership, and respond with democratic means to any violation of the law and political pluralism. The importance of informing public opinion and of cooperation with international factors to guarantee respect for democratic standards was also emphasized. (Continued on page 3)

Yesterday, by 7 votes to 4 in a meeting of a panel of the Court of Appeals, it was decided that the charge of unlawful gathering would remain in force. There were heated debates in the courtroom, procedural interventions and sharp reactions from the defense. The defense lawyers claimed that the case was politically motivated, while the prosecution insisted that the provisions on public gatherings had been violated. The hearing was marked by tension and great public interest. (Continued on page 8)

Council of Europe Parliamentary Assembly The President 10 August 1993 Mr. Servet Pëllumbi Deputy Chairman of the Socialist Party of Albania - Tirana - Dear Sir, Thank you very much for your letter of 31 July 1993 concerning the political situation in Albania. I follow with great interest the political developments and the free elections that should lead to the creation of democratic institutions in your country. I assure you that I shall do everything possible to be as constructive as I can in my actions. After submitting the suggestions of our ambassador in Tirana, we will invite an Albanian delegation, which will be fully informed about the issue of present-day Albania. Yours sincerely, MIGUEL ANGEL MARTINEZ