The National Association of Judges reacts to the behavior of Prime Minister Edi Rama in addressing the Constitutional Court, which must issue a decision on Deputy Prime Minister and Minister of Infrastructure Belinda Balluku. Therefore, the Constitutional Court has imposed the measure of suspension from duty and a ban on leaving the country on Balluku.
"The association expresses concern and indignation regarding the approach that the head of the executive branch has chosen to take regarding this issue, which is part of the jurisdiction of the judicial branch. Under the guise of a complaint about the usurpation of executive and legislative powers by the judicial branch, there is actually a message of pressure hidden against the justice bodies that are reviewing the issue in question," the reaction states.
Full reaction:
The National Association of Judges of the Republic of Albania has been closely following the public communication of the Prime Minister of the country for several days regarding the judicial case in charge of the Deputy Prime Minister and at the same time the Minister of Infrastructure and Energy, which is being examined at the same time by the Constitutional Court, as well as by the special courts. The Association expresses its concern and indignation regarding the approach that the head of the executive power has chosen to take regarding this issue, which is part of the jurisdiction of the judicial power. Under the guise of the complaint about the usurpation of the executive and legislative powers by the judicial power, in fact, a message of pressure is hidden towards the justice bodies that have to examine the case in question. Also, such daily messages fed to the general public aim to create a climate of distrust towards the judicial power and can be further used as a pretext for taking erosive measures towards the latter.
The Association reiterates that the separation and balance of powers is one of the fundamental principles of democracy, therefore the independence of the judiciary, the final arbiter for the resolution of all disputes, constitutes a cornerstone for building a state based on the rule of law. This independence is put at risk not only by concrete actions aimed at limiting the scope of competences of this power, but also by any act or statement that is perceived as a threat or political pressure on judicial activity or that lowers the reputation of the judicial bodies in the eyes of the public and, in this way, undermines its trust in these bodies. The European Commission in its reports on Albania has addressed as a concern the continued attempts to intervene and pressure the judicial system by senior public officials and politicians.
Judges are independent and subject only to the Constitution and the laws, and as such, the purpose of their mission is not to gain the consent of the majority of the public or a part of it, but to fanatically implement the will of the sovereign expressed in these acts. Judicial decisions may be unpopular with some subjects, but this does not make them illegitimate, since the democratic system of government operates within the limits set by the standards of the rule of law and the final implementers of these standards are the judges. In this context, the National Association of Judges of the Republic of Albania invites and requests every high official of the other two branches of government to respect the independence of judges in their decision-making and to distance themselves from any behavior that violates it. Interference in the activity of judges during the development of judicial procedures constitutes the most dangerous form of violation of the principle of separation of powers, as it aims to distort decision-making through various forms of pressure.
For the National Association of Judges of the Republic of Albania
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Engert DOVE
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