Temporary General Prosecutor Arta Marku has decided to create a special structure within the Prosecution Office with similar objectives and functions to those of the Special Prosecution (SPAK). This structure will be subordinate to the Serious Crimes Prosecution headed by Donika Prela.
This structure will specifically investigate the assets of people under investigation and of those sentenced through irrevocable rulings, according to Marku.
The structure proposed by Marku clashes with the structure designed by the Constitution, and it will create serious problems in the investigations of crime and corruption.
The Albanian Constitution mandates the creation of a Special Prosecution (SPAK) against crime and corruption, as well as the investigative unit under it, known otherwise as the National Investigation Bureau. SPAK is to be entirely independent of the General Prosecutor, as well as of other structures within the Prosecution Office, and SPAK directors and prosecutors are to be nominated by the High Prosecutorial Council (KLP).
These constitutional definitions are further elaborated in the Article 4 of the Prosecution Office Law:
The Special Prosecution exercises criminal prosecution and represents [the side filing] accusation […] of corruption and organized crime […] in court on behalf of the state
The Special Prosecution carries out its functions independently, via special prosecutors nominated by the High Prosecutorial Council in accordance with this law.
Arta Marku’s decision is a serious violation of the independence of prosecution, which was claimed to be the main goal of the judicial reform and constitutional amendments.
Meanwhile, Marku has candidated herself for both the KLP and Justice Nominations Council (KED), which will be in charge of electing new judges for the Constitutional Court – if it will ever exist.
