By Desada Metaj
It is not a mistake. Nor is it some forgotten writing from before the Constitutional Court's decision on Balluku was issued. It is more current than ever. In fact, if there is anyone who is eagerly awaiting this decision, it is Edi Rama himself.
The decision was a surprise to many, in politics and the media, but it also caught Edi Rama and his entourage by surprise, who apparently did not expect a reversal of the situation. Their immediate reaction was a synchronized offensive to label the 4:4 result in public opinion as a failure of the Court of Justice, as “a decision without a decision”, as a “non-decision that did not resolve the issue” and, consequently, as a failure of the justice reform. Forgetting – intentionally – that there is in fact a decision. And that decision has clearly overthrown Prime Minister Rama, even with an 8:0 vote that overthrows Rama’s fundamental claim: that “suspension from duty” is not included within the framework of the concept of “immunity” enjoyed by MPs and ministers under the Constitution, and it has also overthrown Belinda Balluku.
The DP protest seems to have temporarily extinguished public interest in the only real and serious confrontation that is taking place at this moment: that between the government and the judiciary. In fact, if the government is currently in one of the most difficult situations of the last 12 years – a situation from which Sali Berisha is also trying to parasitically benefit – this is thanks to the actions of SPAK and the judicial institutions. In fact, the opposition is so apathetic that, less than 24 hours after the Molotov cocktails, it sat down at a table with the majority, leaving aside the only winning thesis against the majority: justice.
And this is what Edi Rama had in mind, who made it clear, on Monday after the parliamentary group meeting, what his plan would be – concocted on the spot after the Constitutional Court’s decision. The socialist parliamentary group – according to him – would be committed to “a solution through intervention in legislation”. And this, because – according to Rama – “all members of the Court’s body appear unanimous regarding the problem, but are divided on the solution”. This is an open speculation by Rama.
The speed with which he changed his justification, as well as the open abuse of what he claims the Constitutional Court said, is the key reason why the reasoning of the decision takes on even greater importance. Rama’s fable is simple: the Court itself, according to him, has found a legal deficiency, a gap or ambiguity that must be filled with changes. And he, as a diligent implementer of the Court’s decisions, is “solving” the problem through legal intervention. This is a banal story, but one often told by Rama.
So now not only Rama, but we are all waiting for the full reasoning of the decision. What exactly did the GJK reason regarding Rama's claims? Did the Court claim that immunity under the Constitution does not include the "suspension from duty" of government members? If so, do SPAK or GJKKO need to get permission from someone before imposing such a security measure? Did the GJK really say that "legal changes are needed", as Rama claims?
Rama now seems determined to take the path of legal changes. Changes that, without any legal diplomacy and without much care for the reaction of international partners, aim to create a new immune fortification for members of the government. Including in the same package the figure of the President, the Ombudsman or the Governor of the Bank of Albania (if this is a real variant of the change), as ridiculous as it is, makes the real goal even clearer: protecting himself and his circle of collaborators. Albania is clearly heading towards a Republic of immunities.
Not only that. Rama is in a hurry. He intends to pass it quickly in Parliament, where there is no numerical obstacle. So fast, that it will probably overtake the reasoning of the Constitutional Court's decision, which, according to the law, must be clarified within 30 days of its announcement. This is because, let's not forget, the Appeal of the Constitutional Court is also pending, which left the measure of banning Balluk from leaving the country in force, but suspended the review of the measure of "suspension from duty" of Balluk, until the Constitutional Court pronounces. For this reason, Rama has an interest in hurrying: so that, when the Appeal Court resumes the case for review after the Constitutional Court's decision is clarified, at the judge's table.
