The EC also expresses reservations on dismissal of the opposition’s investigative commissions

The constitutional right of the opposition to establish investigative commissions was reaffirmed in the progress report published by the European Commission on November 8th the majority declares that it has not prevented the opposition from establishing parliamentary investigative commissions. However, Assembly Archives shows that there are 8 decisions rejecting opposition’s requests for their establishment, during the last legislature only. In the 19-minute plenary session this Thursday, the opposition continued to block proceedings, where despite the chaos and disturbances in the hall, the majority also rejected 6 draft laws proposed by opposition.”

Jona Plumbi

“During the reporting period, the opposition required the establishment of two investigative commissions, however the majority rejected both requests, despite the opposition’s constitutional right to initiate such commissions. – observers  the 2023 progress report of Albania published by European Commission on Wednesday, November the 8th.

A few weeks before KE’s reaction, Faktoje had initiated a verification regarding the systematic rejection of opposition’s requests to establish investigative commissions for matters of public interest. The last two requests of investigative commissions rejected by majority are related to personal data treatment in state databases and to public contracts in healthcare sector.

Constitutional right to establish investigative commissions

Opposition insists on the fact that it’s the Constitution and the Law that grant reserves them the right to establish investigative commissions and the Assembly is obliged to approved them, pursuant to Article 5 of the Law on investigative commissions.

*Article 77 of the Constitution on the establishment of parliamentary investigative commissions.

*Article 5 of the Law on the Establishment and Functioning of Investigative Commissions in the Assembly.”

However, the government using its parliamentary majority of votes, rejected these proposals on 12th of October.

*Parliament voting on the dismissal of the investigative commission on public contracts in healthcare sector

Faktoje asked the Assembly of Albania for information on which Articles of which Law or decisions of the Constitutional Court they based their refusal to establish investigative commissions. Parliament of Albania has not yet provided a response, at the length of a two-week deadline.

The majority may have several arguments to reject investigative commissions, including:

Despite the lack of a response from the Parliament regarding legal arguments for dismissal of two investigative commissions, the majority has articulated several arguments to support their refusal.

Argument 1

The Majority is working to amend the law on investigative commissions.”

However, this argument seems not to convince the European Commission, which reacted through the progress report published on Wednesday.

“Argument of the Majority’s [on rejecting investigative commissions] in both cases was that a review of the law on investigative commissions is under consideration; however, the current law remains in force.”

Argument 2

The field of investigation that the opposition has requested is very broad.

As far as investigation subject is concerned, Afrim Krasniqi, Researcher in political systems, supports the concept of approval of the establishment of investigative commissions.

“Every commission initiative must be approved; the debate can be about the content and the object of the investigation, but not about the opposition’s right to establish investigative commission”.

Argument 3

“These matters are also being investigated by the Prosecution Office, which threatens the independence of powers.”

However, even this 3rd argument is not valid, because the law clearly distinguishes between areas of parliamentary and penal investigations, as emphasized by Head of SPAK, Altin Dumani for INA Media when he said:

“Investigative parliamentary commissions entail a purpose and function other than that of SPAK investigation, which is of a criminal nature. Standards of evidence in criminal proceedings are higher and the procedure followed for filing a claim are much more rigorous. “

What does the Constitutional Court say?

Another fact supporting the argument about the opposition’s right to establish investigative commissions are previous Constitutional Court decisions regarding the refusal of these initiatives by the Majority.

The decision of the Constitutional Court of 2015assess that “the argument used by the Parliament for not approving the opposition’s request to establish investigative commission in question is ungrounded.”

The decision of CC emphasizes:

“The opposition’s right to establish investigative commission cannot be called into question.” by declaring it a violation of the Constitution of the Republic of Albania, of the Decision no. 36/2014, dated on 22.05.2014 of the Parliament of Albania “On the non-approval of the request by a group of Members of Parliament “On the establishment of the Investigative Commission of the Parliament for verifying the facts and circumstances made public regarding the phenomenon of the increase in drug trafficking, including the use of airspace by drug traffickers”.

Regardless of this case, the Parliament voted against the establishment of two investigative commissions requested by the opposition.

The battle in the Parliament

One day after the publication of the progress report from European Commission, this Thursday, the opposition continued its action to block the parliament’s proceedings arguing that the Parliament has refused to establish the parliamentary investigative commissions requested by it.

The agenda of the day included voting of seven draft laws proposed by parliamentary opposition deputies. However, as the podium was blocked, and the 19 minutes of the session were accompanied by chaos and exclaims from the opposition, the Speaker of the Parliament read the agenda items, initiated the voting, and the majority members of parliament rejected 6 draft laws proposed by opposition:

• The proposal of the deputy, Petrit Vasili, Member of Parliament form Freedom Party of Albania on amendment of Law on national taxes
• Proposal by deputy, Jorida Tabaku of Democratic Party on concessions and private – public partnership
• Proposal by deputy Jorida Tabaku of DP on public procurement
• Three proposals on amending the criminal code(1; 2 ; 3 ) by deputies Monika Kryemadhi, Petrit Vasili and Erisa Xhixho

At the length of the extraordinary session in terms of proceedings, the Head of the Socialist Parliamentary Group, Blendi Çuçi, said to the journalists:

“We have never said, at any moment, that opposition does not have the constitutional right to establish commissions. The only thing preventing us from approving the investigative commissions they request is related to the subject of investigation. If the subject falls within the requests provided by the Constitution, we shall definitely approve it”.

Conclusion

The Majority and the Opposition agree on the constitutional right of the latter to establish investigative commissions. Despite the constitutional obligation imposing the Parliament to approve investigative commissions proposed by at least 35 opposition deputies, on 12th of October, the Majority rejected two requests for establishment of such investigative commissions made by opposition, without providing any legal arguments for their dismissal as unconstitutional. In the meantime, the opposition continues to block the normal proceedings of the parliamentary sessions arguing that constitutional rights are being violated; however, it has not sought an interpretation from the Constitutional Court for the two Parliament decisions that rejected requests for investigative commissions.”