Vetting Deepens Rift Between Coalition Partners in Albania as Justice Reform Comes to a Stalemate

Tirana, Albania | Tirana Echo – The Vetting annex of the Justice Reform has further increased the rift within the Albanian government between the two coalition partners SP and LSI, as Minister of Justice Petrit Vasili calls the actions of the PM General Secretary Engjell Agaci and the International Monitoring Operation unconstitutional.

In clear defiance to socialist Prime Minister Edi Rama, the newly appointed Minister of Justice Petrit Vasili, also vice chair of the junior governing coalition partner Socialist Movement for Integration (LSI) has pointed out that the current International Monitoring Operation Board which is to monitor the Vetting of judges and prosecutors in Albania, has been erected in an unconstitutional manner.

In a letter to the Prime Minister, President and Speaker of Parliament as well as to the EU and USA representatives in the country, Vasili notes that the IMO was established after the ‘irregular’ notification of the General Secretary of the Council of Ministers to the European Commission.

According to the Minister, the General Secretary does not have the authority to communicate on behalf of the Council of Ministers unless a decision has been taken at this ‘collegial’ executive body.

“In respect of the Constitution, it seems that the level of communication in this case is problematic. Initiatives undertaken and the level of representation are clearly in breach of the law. After our assessment of facts, the General Secretary of the Council of Ministers has acted against the constitution” – says Vasili in his letter.

The rift comes as an international mission (IMO) sponsored by the European Union and the United States begun three weeks ago the difficult task of monitoring the implementation of the crucial reform of the justice system in Albania and while the opposition Democratic Party is protesting demanding the resignation of Prime Minister Edi Rama.

However, concerns have been raised about whether the Constitution of Albania was respected in its establishment. Immediately after its establishment, Minister of Justice and European Integration, both belonging to coalition partner LSI pointed the technical failure to EU Enlargement Commissioner Johannes Hahn, who in response refuted both Ministers’ concerns.

In a letter addressed to Albania’s PM Edi Rama, Commissioner Hahn says that he was ‘surprised’ that two ministers of Rama’s government have expressed differing views from the rest of the government, while the IMO has been established according to constitutional provisions with the full support of the European Commission.

However, the latest concerns expressed by Minister of Justice Vasili indicate a deeper crack within the Government than previously thought and a possible legal battle ahead before the IMO can start its work.

Vasili argues the recently amended Constitution is explicit about the need for an international agreement which should regulate the functioning of the IMO, before they can start to get their hands on sensitive files of Albanian officials.

Vasili added that instead of acting in the spirit of the Constitution, the EU officials have communicated directly with the General Secretary of the Council of Ministers, a civil servant, without proper authorization from the Government and without an international agreement in place.

“The Constitution states clearly in its Article 2/B of the IMO Annex that the International Monitoring Operation starts selection procedures of its monitors after a notification from the Council of Ministers and on the basis of an International Agreement which would outline the duties and the organizational functioning of the IMO” – says Vasili, in clear defiance of its own Prime Minister and EU and US Ambassadors in Tirana.

The move is expected to further add to the hurdles and difficulties of starting the crucial vetting of judges and prosecutors in Albania, before the implementation of its justice reform can begin.

Hahn’s letter comes at a time when serious concerns have been expressed by key analysts over the political impartiality of certain international representatives in Albania who have taken an unprecedented position of interference in internal affairs. European magazine New Europe wrote recently of both Eu and US ambassadors allied with PM Rama, serving his political interests.

Last month, the head of the EU legal mission in Albania EURALIUS, Dr. Rainer Deville unexpectedly left the mission, allegedly over ‘deliberate’ mistakes in the translation process of key documents of the justice reform.