By Altin Ketro
The plenary session of June 9, 2021 for the dismissal of President Ilir Meta, will be included in the history of parliamentarism and Albanian political life, as the first precedent that a president is dismissed during the exercise of his mandate.
The decision-making of the Albanian Parliament was expected in the face of a president who was conscientiously seeking dismissal. His repeated violations, contrary to the obligations recognized by the constitutional law, exceeded any limit for him to be tolerated anymore.
On the contrary, not taking this initiative by the Assembly to investigate its activity and then, to dismiss him, would set a serious precedent for a president who represents the unity of the people, to legitimize him as a president who takes political bias for one pair against each other in electoral contests.
The precedent created by President Meta, in case he was not dismissed by the Assembly, would be taken as a basis of support by each successive president who would claim the example of Mr. Meta in case he was faced with similar accusations.
However, according to the constitutional procedure, the Constitutional Court will have the final say. Exactly here are the eyes of all Albanians, but also the eyes of Mr. Meta, who has high hopes for any member of this court. Perhaps Mr. Meta has in mind Lulzim Basha, who is still grateful to Sali Berisha for his political career. Even Mr. Meta, in this context, thinks that any member of the court will be grateful to the one who was selected by him in that high position.
In fact, the decisions of the Constitutional Court are not interpreted, they are only implemented. However, since we are before the consideration of the issue by it, we have the right to give opinions on the importance that that decision will have for our state and not only.
One of the arguments contained in the report of the “Hyseni” commission, was that in the absence of an Albanian precedent, we should refer to the precedents of other democratic countries, which have had similar cases with us.
The cases have already been made public and I am not going to mention them, but on this occasion I want to underline the very significant fact that the Constitutional Court of Albania, with its decision, will become a case study and citation for other countries when they have as issue the dismissal of the president.
So, just as the Albanian Parliament referred to the decisions of foreign parliaments or their constitutional courts, so also those states that have no precedent, will refer, among others, to the Albanian case.
In this respect, the responsibility of our Constitutional Court in analyzing all the facts and evidence that will be sent by the Assembly and how it will make their interpretation to come up with a final decision, will be of paramount importance. the borders of Albania.
Regarding the impact of the court decision within our borders, if it will not consider as serious violations those that the report of the commission “Hyseni” has mentioned, then it is no longer a question of “winning” Ilir Meta. He can earn a maximum of one year salary in the position he holds, but then all his activity considered as a violation by the Commission of Inquiry, will have to be legitimized as a right.
In this respect, when the duties of the President of the Republic are written in the organic law, he will have to be recognized as a right that he must exercise:
-To attack one party in the election and become a political idolater with the other party. But if today the president is pro-opposition and anti-government, tomorrow’s president may be pro-government and anti-opposition.
-To call for violence, for popular uprisings, for the overthrow of the government by undemocratic means, non-recognition of the institution of the Assembly, ignoring the participation in the Assembly when called by the representatives of the people, etc.
-To complicate relations with friendly governments and especially with Albania’s strategic partners, creating a different political and diplomatic agenda from that of the government.
– To gain the right to hold the justice institutions accountable for why they made a decision this way and not as the president thinks.
I am not extending it further, but in case the Constitutional Court does not finally dismiss President Meta, then the Albanian Parliament should automatically recognize the violations mentioned in the dismissal report to the president as a legal obligation that he should to perform.
I strongly believe that the members of the Constitutional Court, even those who have been selected in a somewhat one-sided way by President Meta, will know how to rise above any interest, be it political, gratitude or emotional, and have the constitutional law as a compass. Their conviction when voting for or against the decision of the Assembly to dismiss President Meta, should focus on two directions:
First, in terms of the national interior, what model of president will we have after Ilir Meta no longer exercises the task he holds today.
Secondly, in the international aspect, what product will we leave as a reference to other countries when they take us as an example.
These two aspects alone are enough for the decision of the Constitutional Court to be as historic as the decision taken by the Albanian Parliament. Hope and believe that we will get the best out of it.