The Democratic Party has accused Speaker of Parliament Gramoz Ruçi of violating the Constitution in relation to planning election of the members of the Council of Judicial Nominations (KED).
The Conference of Parliamentary Group Leaders, presided over by Ruçi, has included on the agenda of December 7 the election by lot of the 9 members of the KED.
But according to the opposition, the elections of the KED without instituting the High Judicial Council (KLGj) and High Prosecutorial Council (KLP) is in violation of the Constitution. In an official letter to Ruçi, the PD claims:
The KED cannot be elected without the installation of the governing institutions of justice, the KLGj and KLP. That’s what the PD requests the immediate suspension of the anti-Constitutional procedure and the consultation with the Council of Legislation.
PD deputy Edmond Spaho has remarked another violation. The election procedure is held first by the President, who had the time to do so until December 5. In case the President doesn’t manage to elect the KED, the right to elect them passes to the Speaker of Parliament, who has until December 10.
Spaho claims that Speaker of Parliament Ruçi, before announcing the election in Parliament, needs to receive clarification from the President why the election didn’t take place earlier, and in case it did, why it wasn’t successful.
The opposition states that this violation of the Constitution intervenes in the competencies of independent institutions and not only influences the legality of the KED, but also poses a risk to the balance of powers. The LSI supports the PD in its claim that the KED election would be unconstitutional.
The KED is one of the most important institutions resulting from the judicial reform. It will verify and evaluate the professional and moral criteria of the candidates for the Constitutional Court and the High Judicial Inspectorate.
The KED consists of 9 members, serving a 1-year mandate from January 1 to December 31. KED members are elected by lot and may serve more than one mandate. The KED consists of 2 members from the Constitutional Court, 1 member of the High Court, 1 prosecutor from the General Prosecution, 2 judges, 1 prosecutors from the appeals court, and 1 judge from the administrative court.
