The alternative draft constitution is not only complete, but also fully lawful
Interview with Dr. Ilir Shkreli[?], jurist, KOSTA GAZELI and our journalist Ardian Mysyri[?].
The alternative draft constitution
is not only complete, but also
fully lawful
Interview with Dr. Ilir Shkreli[?], jurist, KOSTA GAZELI
and our journalist Ardian Mysyri[?].
Question: In political circles, the view is circulating that the parliamentary opposition has completely replaced the draft constitution with its own draft; indeed, in various public circles it is being said that the socialists are no longer dealing with the constitution. Is this assessment correct?
Answer: These rumors are circulating not through negligence, but deliberately. The alternative draft constitution, prepared by the specialists of the PD and published in their newspaper, cannot replace the constitutional draft prepared by the specialists of the PP and already proposed by the parliamentary party. Mr. Ali Spahia and the PD newspaper spread this statement in order to diminish the impact of the socialists' constitutional draft. In reality, the draft constitution was not replaced by the draft of the PD specialists. First, because the parliamentary opposition has not yet declared whether it will accept the draft of its specialists as its own draft. This would happen only if its deputies signed an official declaration to that effect. So far, no such declaration has been made. Second, the opposition specialists' draft, the one published in the PD newspaper, is diametrically opposed to the one presented to us by the parliamentary opposition. This is also made clear by the way the main issues of the constitutional framework have been handled. Third, it is not known whether the constitutional draft of the specialists is complete and exhaustive on the issues of a constitution, or whether it is only a preliminary version to which other parts still need to be added. This emerges from a discrepancy with the structure of the constitution set out in the PD newspaper. Let us look at the facts.
From the short notice in the newspaper "Rilindja Demokratike" about their draft, it appears that its specialists have conceived the constitutional draft only as the fundamental act regulating the reciprocal relations between the highest organs and powers. There it emphasized that their draft deals only with issues such as the separation of powers, the role of the president, the government, etc. This is also the viewpoint reflected in the structure of their draft published in the newspaper. However, the constitution is not only the fundamental act regulating relations and high powers. The constitution also contains the basic principles of the political, economic and social order, as well as the fundamental rights of citizens. These necessary parts are missing from the published structure of the PD specialists' draft. Therefore the question arises: are we dealing with a complete draft constitution, or with a partial draft?
If they have presented their draft as complete, then it is not only truncated, but also in contradiction with the modern concept of a constitution. If it is a partial draft, then the parliamentary opposition cannot yet call it a complete alternative draft. Moreover, it is not even known who the constitutional subject is that bears responsibility for this text.
Question: What, in your view, are the main differences between the draft of the PD specialists and the draft presented by the socialists?
Answer: The differences are numerous, but I will dwell on some of the main ones. Our draft, unlike that of the PD specialists, is built on the idea of a modern, complete constitution that includes not only the organization of power, but also the foundations of the economic and social order, freedoms and human rights, the role of property, political pluralism, and the institutions of the rule of law. The other draft, as presented, narrows the concept of constitution excessively.
Another difference concerns political and legal legitimacy. The alternative draft of the parliamentary opposition, made public by us, is identifiable as a political draft because it is supported by a specific parliamentary subject. The text of the PD specialists does not yet have this status. It is the product of experts, but not necessarily a politically approved document. In the context of the constitutional debate, this is very important.
Question: There have also been polemics about the lawfulness of submitting the alternative draft. How do you assess this?
Answer: I think there has been deliberate misinformation here. The alternative draft is not only complete, but also fully lawful. The parliamentary opposition has the right to submit an alternative text, make it public, and defend it in debate. This is in line with the logic of pluralism and with democratic practice. Indeed, one of the advantages of the constitutional debate is precisely the confrontation of alternatives. To say that such a draft is unlawful is either ignorance or an attempt to obstruct the debate.
Question: How do you see the continuation of this process?
Answer: What matters is that public opinion not be deceived by propaganda statements. The texts, concepts, and concrete solutions must be compared. Only in this way can one see which draft best responds to the needs of the country and constitutional standards. We remain convinced that the alternative draft we have presented is serious, complete, and legally grounded.
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