Albania Ruling Party Moves to Toughen MPs' Immunity

Saimir Tahiri during the hearing at the Parliamentary Council of Immunities and Mandates on 20 October 2017. Photo: Gent Shkullaku/LSA

Albania's ruling Socialist Party has been criticised over a proposal that would oblige the prosecution to submit incriminating evidence to parliament before an MP can be stripped of immunity and arrested.

Critics say the change would undermine the rule of law and endow parliament with powers that should rest with only with the courts.

Ruling party MPs who propose the change say parliamentary procedures in such cases should be clarified, and that prosecutors should provide "proof" alongside requests for arresting an MP.

"The proposed changes aim to significantly improve the regulations ... especially the clauses dealing with the limitations to parliamentary immunity," the note accompanying the proposal said.

Current regulations do not mention any need for the prosecution to provide "proof" in support of its case.

Lulzim Basha, leader of the opposition Democratic Party, called it an attempt to degrade the Special Prosecutor's power and bring it down to the level of a non-governmental organization.

Prime Minister Edi Rama's party had "proposed a special law to protect the big fish," Basha said on Thursday. "This law proposes that prosecutors should send their proof not to the courts but to parliament, where the judge is Edi Rama," Basha added.

The Special Prosecutor Service is a new institution created under Albania's flagship justice reforms, approved in 2016, which the country is slowly implementing. This office, tasked with prosecuting high-level corruption and organized crime, is not yet fully opperational.

Defending his proposal, Taulant Balla, head of the Socialist Party parliamentary group, insisted that his aim was only to "regulate non-functioning holes in the parliamentary...

Continue reading on: