SP with plans to appoint a temporary chief prosecutor

But the institutional vacuum created by the delay in establishing the Supreme Prosecutorial Council, The KLP, and various constitutional interpretations are expected to turn the mandate of the current chief prosecutor into a new ground for political clashes between the majority and opposition.

Although Llala's 5-year term ends on December 3rd, MPs from the Socialist Movement for Integration and the Democratic Party, with which BIRN spoke, expressed in favour of the possibility of extending his mandate to another two years.

In this argument, opposition deputies use the precedent of dismissing former chief Ina Rama and lack of KLP, which has the competence of launching the procedure. But unlike the opposition, the Socialist Party thinks the mandate of Chief Prosecutor Lella ends on December 3rd and that the passing provisions of the Law for Prosecutor “do not leave open-air for discussion on this issue”. The General Prosecutor's mandate has been one of the controversial issues during the time of preparing constitutional changes and supporting laws of the Justice Reform.

The first victims of constitutional amendments had predicted that the General Prosecutor's mandate and several other mandates were interrupted by the Prosecutor's High Council, but after the intervention of “Venecias”, argued that the “maintaining the General Prosecutor until the expiration of his mandate would be acceptable”. According to Article 148a of the Constitution, the Supreme Council of Prosecutors has the right to open the procedure and submit to the Assembly of a list of the three most qualified candidates for the attorney general. If the Assembly does not elect him with 3/5 of the vote within 30 days, then the first candidate on the KLP list is declared appointed.

But in the absence of KLP, Llala's mandate is subject to various arguments between members of the opposition and those of the majority. Referring to the case of Ina Rama's mandate, Edmond Panarii says the new Constitution creates space for the chief prosecutor to seek an extension of the mandate by two years.

“According to precedents Ina Rama and the 7-year mandate imposed with amendments to the law (the General Prosecutor) may require a two-year extension, Panari deputy said.

Ervin Saliannji, secretary of the DP Parliamentary Group, has a position similar to the ISI Panari. He told BIRN how long the institutions that should choose the new prosecutor have not been established, postponing thela's mandate is acceptable.

If there is such a discussion, the interpretation does the Constitutional Court. The General Prosecutor's mandate is 7 years with new constitutional changes”, Salianji said. For Ulyssy Manja, Socialist Chairman of the Law Commission, the mandate of the current chief prosecutor closes on December 3rd, while adding that the Constitution cannot have backbreaking powers.

“There is still no official decision on how to handle this case, as this will be discussed at the Law Commission. But chief prosecutor Lolla's mandate ends on 3 December and that there is no possibility of postponement, this is defined in the Law for Prosecutorship and leaves no room for discussion”, Manja said. The transitional provisions referred to by Manja are linked to the new Law on Prosecution, which regulates the current case, when the chief prosecutor's mandate expires before KLP's creation.

The UN Attorney General's “overctions, with the decision of the Parliament, are scheduled to temporarily carry out one of the most experienced prosecutors from the ranks of prosecutors and to meet the terms and criteria of leader IV, section I, of this law”, it says.

Manja also opposes using the precedent of Ina Rama's dismissal for Chief Prosecutor Llala, calling the decision made at the time wrong. In 2012, the majority P D-LSI, following a decree by former President Bujar Nishani, decided to close the mandate of chief prosecutor Ina Rama, starting from the day her work began in autumn 2007 but given the constitutional changes of a year later, in May 2008.

The Socialists then opposed this as violation of the Constitution. “As in the case of Ina Rama, when the mandate should have been calculated from the constitution's entry into force and not from the appointment day, even in this case the Constitution cannot have back-up powers”, Manja said. Although chief prosecutor Llala's mandate is still out of the agenda, the various positions of the Magyarnza and the opposition appear to soon be collusioned to the Law Commission in the Assembly, where the issue is expected to be resolved by the force of the Cartons. B The INR learned from Majranca sources in the country that although there is not yet an official position, the plan is that with the end of Lla's mandate, the Assembly will elect a temporary prosecutor with experience instead, until KLP is established. Maxhorca believes that according to transitional provisions, this choice is made in simple majority. The new provisions limit the power of the Attorney General and that the latter no longer has power over the investigation”, the source for BIRN said on condition of anonymity. If that happens, such an election is expected to be accompanied by heated debates. Ervin Saliannji said the appointment of the plain majority prosecutor would be “scandalous”. Saliannji said the KLP delays were intended to create this space, while explaining that the only choice in this case would be the current prosecutor's position, at least until the appointment of the other. “should not decide policies, should choose institutions, if policy is still involved in choosing constitutional institutions, justice” was buried, he says.

PROCURCH CENTURY SIPAS WHOTEW TOS SEA NEW NENIN 148/ A

-The Prosecutor's High Council, based on a public call and transparent procedure, selects and lists the three most qualified candidates and submits them to the Assembly, under law.

The general prosecutor is elected by the ranks of prominent jurists, with no less than 15 years of work experience, with high moral and professional integrity, who have completed the Magical School or a degree in justice. The candidate should not have held political functions in public administration, or leading positions in political parties over the past 10 years before running.

-If the Assembly does not elect the Attorney General within 30 days of submitting the proposals, the first candidate to be elected by the Prosecutor's High Council is declared appointed.

-After the end of the term and at his request, the Attorney General is appointed to his former duty or judge at the Court of Appeals.

KALIMTTAR DISSPOSIAS E FOR COMPATENCES E PROCUROR BAPTIZED IN DEUTURE

1. The acting attorney general stands in office until the end of the mandate, if there is no reason to complete his mandate, according to leader V. III, of the law “for the status of judges and prosecutors in the Republic of Albania” or as a result of the re-evaluating-sim process, under law “For passing re-evaluation of judges and prosecutors in the Republic of Albania”.
2. If the General Prosecutor's mandate expires before the establishment of the Prosecutor's Supreme Council, the functions of the Attorney General, with the decision of the Parliament, it is determined to temporarily carry out one of the prosecutors with more experience from the ranks of prosecutors and that meets the terms and criteria of the leader IV, section I, of this law.