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Opinion / Editorial

Long live the Constitution, down with the Constitution!

Long live the Constitution, down with the Constitution!

How many times have we heard and seen from the podiums and tribunes of the headquarters from the presidency to the rostrums of political parties, to humiliate and insult the Constitution. At the moment of the adoption of the Constitution that we have today, we all remember, both today's opposition and in that year the opposition rejected the constitution after calling it a creature of the communist parties, even though the late Sabri Godo was in charge of the drafting commission. of Republicans and one of the former founders of the PD, Arben Imami. After popular approval, even though it was boycotted by the DP and the parties aligned with it, the Constitution received the majority of votes of eligible citizens, although not a few of the names on the eligible list had left for emigration. He then received the seal of the Assembly and finally the signature and seal of the presidency from the former President, Rexhep Mejdani. Despite the occasional changes made to specific chapters and articles of the 1998 Constitution, its essence remains unchanged. The first full constitution since the fall of the communist system in 1990. The newly born creature took on the Democratic Party's most severe anathema and accusations, such as the great loss after the fall of the financial pyramids and the state itself, which was zeroed almost totally. In the years that followed, the Constitution was sometimes humiliated and sometimes boasted and praised. On its behalf, oaths and oaths have been taken and whenever the governments of its post-drafting have been approved, they have sworn with their hand over it. The constitution is the foundation of every state. Institutions are set up on it and the corpus of laws of each field are drafted. Every law is confronted with the Constitution if it is correct, fair, impartial or contrary to the interests of citizens. Whenever politicians need it, they wave the flag at the Constitution and accuse the opposing parties of violating it and face imprisonment, that they will face the law. And the Constitutional Court is the guardian of the Constitution. Behind it and above it there is no other body to take decisions otherwise or to oppose its decisions as it is the supreme body that administers justice in accordance with the principles and articles of the Constitution. When our politicians need it, the Constitution is waved as a flag and guarantee in defense of the constitutional order and integrity of the democratic system, which is defended with all its might and statements flow from all sides. But, when politics and interest love them, they argue differently according to the purpose and benefit of the day, the Constitution, treated in this case as a colorless flag and with fallen and distorted symbols. Thousands of arguments are brought and the whole propaganda machine is put into operation, dozens of analysts and opinion leaders are mobilized, scholars' tables are convened, debates are held in defense of the Constitution in order to justify decisions taken for interests that have nothing to do with democracy, citizens and the Constitution itself. The same aggressive battle takes place against the guarantor of the Constitution, the Constitutional Court. Even many times tougher. During these two or three years, the Albanians have been bombarded with all the heavy artillery of ideologies and accusations that the justice reform was a failure because it left Albania without a Constitution. The big culprits were government officials and foreigners. Americans and Europeans were accused. Anathema: Anti-reformists ousted the Constitutional Court. That without it nothing can be confronted by anyone if the decision-making, executive or legislative bodies are in coherence with the articles of the fundamental law of the state. And this battle, not a few cases has gone to the limits of the absurd, has been used as a weapon to fight the majority and the great accused, Rama, have taken justice hostage. Serious accusations have been made against the government and the prime minister as buyers of justice. After the formation of the Constitutional Court and its gradual completion and the start of legal activity, allegations and threats against its decisions began. The Constitutional Court recently addressed the Venice Commission for an opinion on the legality of the elections of June 30, 2019 on whether or not they were legitimate and whether the elections were democratic, since not all parties participated ?! And Vencia spoke. Then the Constitutional Court itself. Exactly when the decision of the Constitutional Court conflicted with the interests of the President, who brought out at the press conference his two advisers who listed according to them the violations of the Constitution and the unjust decision they took. A profound contrast and a diametrically opposed attitude to the same commission, that of Venice. Earlier, the presidential team, from the guards to his Excellency Meta, wore white T-shirts with the words "Venice" written on them. And this is because the claims of the presidency were not rejected and the trial of Venice was in line with that of Mr. Ilir Meta, President of the Republic. Back then, enthusiasm and praise were not lacking for the Venetian. This time, Venice did not follow the decree of decrees-decrees and guided the Constitution to the position it should take. In my judgment, the Constitution itself should have been independent and had taken the decision independently and without seeking the opinion of even the Venice Commission. However, this is not to be blamed, much less for seeking greater objectivity and a more upright attitude by consulting the cream of the most famous personalities on a global scale for the legality and constitutionality of decisions even when they are evasive or controversial. . Exactly the decision of the Constitutional Court to recognize June 30 as legitimate and democratic and the rejection of the claims expressed through a series of questions of the conference speakers which could be answered here in Albania were not well received by the presidency. The President himself reprimanded him through councilors who speak with his judgment and mind and express their position to the President, rejecting the decision of the Constitutional Court for which they swore and held extreme positions in the period when he was absent. The same attitude was maintained even after the independent decision of the Constitutional Court, throwing mud on it and the judges that the President himself and other high bodies, the Assembly and the Supreme Court, have elected and delegated to those functions who should give decisions in accordance with the Constitution that are sworn in and overthrown by all our officials, those who are at the top of the powers in this country. The anathematization of the decision of the Constitutional Court regarding the local elections and the rejection of the claims of the local government association and the disputes and objections of the President, as if disturbing the nest of wasps who started biting the members of the Constitutional Court in all directions with a language and labels which are really shocking for a country that claims for functional democracy and separation of powers and the independence of the constitution which is legitimate in the decisions it makes. The ferocity with which the President's advisers expressed themselves at the late hour conference is nothing but the continuation of the battle of powers which in principle are divided, but in reality are treated as gears of higher powers and in this case should be in line with the President's judgments. The constitutionality of the June 30 elections has been clarified many times by the opinion of Venice. Yes, it is not accepted by those who cook this soup with decrees and decrees in the name of protecting democracy and the constitution ostensibly, but really for individual and party purposes. The decision of the Constitutional Court is not political. It is legal and legal. As such, it is binding and no one, not even the President, has the right to anathema and oppose it. Realistically, he should be the first to say yes! This line of behavior with the Constitutional Court is nothing but the leitmotif and the implementation of propaganda and ideological statements: In this latest uproar he seems to hear the sound of sirens as in "Odisu": Long live the Constitution! Down with the Constitution! Long live the President, the independent.